ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

Mar 12, 2022

Per- and Polyfluoroalkyl Substances (PFAS) Articles

Per- and Polyfluoroalkyl Substances (PFAS) Articles by Dr. Robert A. Michaels, NYPPL's science consultant, are available for free download via https://www.researchgate.net/profile/Robert_Michaels3/publications

Michaels, RA. Protecting science and public health in communities – PFOA and possible cancer clusters in the Village of Hoosick Falls, Rensselaer County, New York. Environmental Claims Journal, 30(1):58-70, January-March 2018, doi: 10.1080/10406026.2017.1422660, (https://doi.org/10.1080/10406026.2017.1422660), published online 31 January 2018;

Michaels, RA.  Confidence in courts: a delicate balance. Science Magazine, 357(6353):764, Letters, http://dx.doi.org/10.1126/science.aao3967, 25 August 2017;

 Michaels, RA. Lessons learned from legacy contaminants of emerging concern: perfluoroalkyl compounds (PFCs) in the Village of Hoosick Falls, Rensselaer County, New York. Environmental Claims Journal, 29(1): doi 10.1080/10406026.2016.1270666, url link: http://dx.doi.org/10.1080/10406026.2016.1270666, February 2017;

Michaels, RA. Perfluoroalkyl compounds (PFCs) in the Village of Hoosick Falls, Rensselaer County, New York: health risks and successive approximation toward enforceable national regulation. Albany, New York State Bar Association, NYSBA, New York Environmental Lawyer, 36(2):88-111, Fall 2016;

Michaels, RA. Testimony before a joint New York State Assembly and Senate hearing on drinking water quality and contamination, Standing Committees on Health and Standing Committees on Environmental Conservation; Albany, New York State Assembly and New York State Senate, 10.13140/RG.2.2.15054.46407, 6 pages, 7 September 2016;

Michaels, RA. Testimony on drinking water contamination with perfluorooctanoic acid (PFOA) before the New York State Senate Standing Committee on Health and Standing Committee on Environmental Conservation; Albany, New York State Senate, doi: 10.13140/RG.2.2.31831.68006, 5 pages, 30 August 2016.

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP

President, RAM TRAC Corporation Schenectady, New York

(518) 785-0976

www.ramtrac.com

 

Mar 11, 2022

Audits and reports issued by the New York State Comptroller during the week ending March 11, 2022.

New York State Comptroller Thomas P. DiNapoli announced the following audits were issued during the week ending March 11, 2022:

Click on the text highlighted in colorto access the complete audit report. 


STATE DEPARTMENTS AND AGENCIES

Office of Parks, Recreation and Historic Preservation: Compliance with Executive Order 95 (Open Data) (Follow-Up) (2021-F-29)

An audit report issued in September 2020 found the office had taken steps to meet the requirements of EO 95 for the collection and public dissemination of state data. However, it did not identify the total population of publishable data that it maintains. In a follow-up, auditors found the office made significant progress addressing the issues identified during the initial audit. 

 

State Education Department (SED) (Preschool Special Education Audit Initiative): Canarsie Childhood Center Inc. (CCC) – Compliance With the Reimbursable Cost Manual (2021-S-2)

CCC is a New York City-based organization authorized by SED to provide preschool special education services to children with disabilities who are 3 and 4 years old. The New York City Department of Education refers students to CCC and pays for its services using rates established by SED. For the three fiscal years ended June 30, 2018, auditors identified $193,420 in costs that did not comply with reimbursement requirements. 

 

State Education Department (Preschool Special Education Audit Initiative): Franziska Racker Centers Inc. – Compliance With the Reimbursable Cost Manual (2021-S-5)

Racker is a non-profit special education provider located in Tompkins County that provides preschool special education services to children with disabilities who are 3 to 5 years of age and is reimbursed for these services through rates set by SED. For the fiscal year ended June 30, 2018, auditors identified $199,372 in ineligible costs reported for reimbursement.

 

State Education Department (Preschool Special Education Audit Initiative): Kids First Evaluation & Advocacy Center – Compliance with the Reimbursable Cost Manual (2021-S-12)

Kids First is a for-profit special education provider located in Westbury that provides preschool special education services to children with disabilities who are between 3 and 4 years of age and t is reimbursed for these services through rates set by SED. For the fiscal year ended June 30, 2015, auditors identified $22,713 in costs that Kids First reported on its CFR that did not comply with SED’s requirements for reimbursement.

 

State Education Department (Preschool Special Education Audit Initiative): Kids in Action of Long Island Inc. – Compliance With the Reimbursable Cost Manual (2021-S-13)

Kids in Action is a for-profit organization located in Suffolk County that provides preschool Special Education Itinerant Teacher (SEIT) services to children with disabilities who are between 3 and 4 years of age and is reimbursed for these services through rates set by SED. For the fiscal year ended June 30, 2015, auditors identified $41,897 in ineligible costs reported by Kids in Action for reimbursement.

 

Office of Temporary and Disability Assistance (OTDA): Reimbursement of Homeless Shelter Providers – Westhab Inc.’s Coachman Family Center (2020-S-56)

Since 1996, the Westchester County Department of Social Services has contracted with Westhab Inc. to operate Coachman Family Center as a certified shelter for families with children. Auditors found OTDA is not adequately monitoring and properly approving reimbursements for Westhab’s homeless shelter program. Of the $3,784,968 it expended in 2019, auditors identified $1,304,695 in reported costs for Coachman that did not comply with cost requirements.

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Track state and local government spending at Open Book New York. Under State Comptroller DiNapoli’s open data initiative, search millions of state and local government financial records, track state contracts, and find commonly requested data.

Mar 9, 2022

A Taylor Law contract must be enforced according to the plain meaning of its terms

A collective bargaining agreement [CBA] entered into pursuant to Article 14 of the Civil Service Law, the so-called Taylor Law, is a contract and must be enforced according to the plain meaning of its terms (Matter of Lin v New York City Dept. of Educ., 191 AD3d 431, leave to appeal denied, 37 NY3d 913).

The Appellate Division held that the New York City Department of Education (DOE) did not establish that the Petitioners in the CPLR Article 78 out-of-title work action, District Council 37, failed to comply with the filing procedures mandated by the relevant CBA, as that CBA did not provide that Petitioners were required to submit their complaint to the Office of Labor Relations [OLR] first. Accordingly, the Appellate Division ruled that "on this record," DOE's failure to issue a determination based on Petitioners' alleged initial failure to submit the complaint to OLR, was arbitrary and capricious.

Click HERE to access the Appellate Division's decision.

Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service, and Colonel, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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