Termination as the result of having engaged in certain recreational activities outside of employment after working hours challenged by discharged employee

Plaintiff's preliminary appeal statement filed with New York State's Court of Appeals seeking "leave to appeal" judicial decisions handed down in Sander v Westchester Reform Temple [Defendants] (228 AD3d 688) asks whether the content of a blog posted outside of work is within the ambit of a protected recreational activity within the meaning of §201-d(2)(c)* of New York State's Labor Law .

Supreme Court had granted the Defendants' motion to dismiss the Petitioner's complaint and the Appellate Division affirmed the lower court's decision. 

In the words of the Appellate Division: 

Even assuming, without deciding, that blogging is a protected recreational activity under Labor Law §201-d, the complaint alleges that the plaintiff was discharged, not for the activity of blogging, but for the content of the blog post. Thus, we agree with the Supreme Court that the plaintiff was not discharged due to a protected recreational activity within the scope of Labor Law §201-d(2)(c) (see id.; Bilquin v Roman Catholic Church, Diocese of Rockville Ctr., 286 AD2d 409). Accordingly, the Supreme Court properly granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

Plaintiff then sought leave to appeal the Appellate Division's determination, which leave to appeal was granted by the Court of Appeals.

* §201-d(2)(c) of New York State's Labor Law provides as follows: 

"§201-d. Discrimination against the engagement in certain activities. 

     "(2) Unless otherwise provided by law, it shall be unlawful for any employer or employment agency to refuse to hire, employ or license, or to discharge from employment or otherwise discriminate against an individual in compensation, promotion or terms, conditions or privileges of employment because of: 

          "(c) an individual's legal recreational activities, including cannabis in accordance with state law, outside work hours, off of the employer's premises and without use of the employer's equipment or other property;"

Police officer's appeal challenging his termination from his position after being found guilty of a number of acts of misconduct dismissed

A New York City police officer [Petitioner] was found guilty of seven disciplinary charges that had been filed against him, including charges alleging that he had engaged in a physical altercation with his former girlfriend; violated an order of protection; knowingly associated with an individual believed to be engaged in criminal activities in contravention of a direct order; made a misleading statement during an official New York Police Department [NYPD] interview; and conducted personal inquiries on an NYPD computer". The penalty imposed on Petitioner by the New York City Police Commissioner: dismissal from his position.

The Appellate Division unanimously confirmed the Commissioner's decision to  dismiss Petitioner from his position, noting "Substantial evidence supports the finding that [Petitioner] is guilty of seven disciplinary charges [filed] against him".

In the words of the Appellate Division, "The Hearing Officer was entitled to find that [Petitioner's] alibi evidence lacked credibility" and the "dismissal of criminal charges against [Petitioner] related to the altercation and the violation of the order of protection" does not undermine NYPD's determination, as "NYPD can impose discipline for a broad range of conduct . . . even if that conduct is not criminal".

Noting that it had no discretionary authority to review Petitioner's unpreserved challenges to the admission of sealed arrest records at the disciplinary hearing, NYPD's reliance on Civil Service Law §75, or the reliability of the hearing transcript", the court, citing Khan v New York State Dept. of Health, 96 NY2d 879,  and other decisions, said it had considered and rejected Petitioner's remaining "due process challenges to the evidentiary hearing, at which he was represented by counsel".

As to the penalty imposed on Petitioner by the Commissioner, dismissal from his position with NYPD, the court opined that "The penalty of termination is not disproportionate to the severity of [Petitioner's] conduct, particularly in light of his disciplinary history".

Click HERE to access the Appellate Division's decision posted on the Internet.

 A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html

Owner of transportation company for the State of New York's Medicade program pleas guilty to stealing over $700,000 from the program

In a press release dated December 9, 2025, New York State Comptroller Thomas P. DiNapoli, Schenectady County District Attorney Robert M. Carney, and Schenectady County Sheriff Dominic Dagostino announced the guilty plea of Muhammad Adnan Saeed, owner of Sublime Medical Transportation, for stealing over $700,000 from New York State’s Medicaid program. 

Saeed inflated Medicaid bills by falsely claiming that group rides were separate, individual rides in order to unlawfully receive mileage payments for each individual in the group.

"Muhammad Adnan Saeed defrauded the Medicaid program through a systematic billing scheme in order to bolster his own profits at the expense of New Yorkers,” DiNapoli said. “The Medicaid program provides access to essential health care for millions of people, and my office will continue to partner with law enforcement to root out fraud. My thanks to District Attorney Carney and Schenectady County Sheriff Dagostino for their partnership in protecting the Medicaid program.”

Carney said: “This defendant lined his pockets at the expense of a critical government program designed to ensure our vulnerable, low-income population receives the medical care it needs. Worse, the defendant’s fraud was committed on the backs of people struggling with addiction. Rather than helping them get the treatment they need, the defendant used them to cheat Medicaid and paid them cash kickbacks, furthering their addiction. The defendant inflated his profits by transporting patients from Schenectady to Amsterdam rather than down the street to a Schenectady clinic, and from Oneonta to Utica. All the while the defendant was collecting unemployment benefits to which he was not entitled. Mr. Saeed then sent hundreds of thousands of dollars to his family overseas to hide his fraudulent earnings. I thank State Comptroller DiNapoli and his staff for their work uncovering the multiple layers of fraud perpetrated by this defendant.”

Dagostino said: "Individuals who steal from taxpayers by defrauding the Medicaid system should be fully prosecuted and made to pay for their crimes. I thank State Comptroller DiNapoli and Schenectady County District Attorney Carney, as well as my investigators, for their efforts to bring Muhammad Adnan Saeed to justice."

Saeed, 40, is the president of Sublime Medical Transportation, a Schenectady County company that is enrolled in the Medicaid program as a participating transportation provider for program beneficiaries.

Under Medicaid regulations, patients may use transportation services for legitimate appointments which are then billed to the Medicaid program by the provider. Group rides are not allowed without prior authorization and, when approved, providers can only bill for mileage once for the group.

The joint investigation revealed that Saeed fraudulently billed the Medicaid program for over four years, claiming payment for individual rides which were actually unauthorized group rides. The investigation found that over 2,500 transportation trips were fraudulent, accounting for nearly 85% of the Medicaid claims submitted by Sublime.

This scheme inflated the amount the state paid Sublime. The investigation also found Saeed paid kickbacks to Medicaid enrollees to use Sublime’s services and facilitate the crime. Saeed, who earned $88,500 as a driver for his company, also applied for and unlawfully collected state unemployment insurance benefits in excess of $60,000, while at the same time running Sublime.

Saeed pleaded guilty today in Schenectady County Court before Judge Mark J. Caruso to two counts of grand larceny in the second degree, in connection with his Medicaid fraud and unemployment scheme. 

As part of the plea agreement, Saeed will serve a state prison sentence and pay full restitution. He is due back in court on May 23 for sentencing. 

The case was prosecuted by Assistant District Attorney William Lemon and the defendant was represented by Justin Dearmas.

###

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. Reports of alleged fraud involving taxpayer money may be made by calling the toll-free Fraud Hotline at 1-888-672-4555, by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236 or by emailing a complaint to investigations@osc.ny.gov.