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May 29, 2026

Proposed State-CSEA agreement would cover more than 55,000 employees of the State of New York

On May 29, 2026, Governor Kathy Hochul reported that her administration has reached a contract agreement with the Civil Service Employee Association (CSEA) for a five-year term running until April 1, 2031. The agreement is subject to ratification by union membership, which includes more than 55,000 New York State employees in a wide variety of roles.

CSEA President Mary E. Sullivan said, “We applaud Governor Hochul’s recognition of the hard work CSEA members provide to the state every day through this fair contract. This agreement delivers meaningful wage increases and helps address affordability challenges working people are facing.”

The agreement includes increases in salary for employees in each year of the agreement. 

The agreement also includes paid prenatal leave, increases in location pay and health insurance changes that reduce costs for employees by eliminating certain co-pays and minimizing reliance on out of network providers.

CSEA represents New York State employees in four collective bargaining units and the proposed contract agreement must be ratified by CSEA rank and file members.


 


Sister who cheated brother-in-law of her sister's New York State pension death benefits makes full restitution

In a press release issued on May 26, 2026, New York State Comptroller Thomas P. DiNapoli and Richmond County District Attorney Michael McMahon reported the arrest and sentencing of a Staten Island woman for the theft of her sister’s state pension death benefit. Lorna Gutierrez [Defendant] had fraudulently designated herself as her sister’s sole beneficiary while her sister was on her deathbed. When her sister died, Defendant received over $400,000 from the pension fund, which her sister had wished to be split between her husband and the defendant.

“Lorna Gutierrez tried to cut her brother-in-law out of his share of her sister’s death benefit just before she died,” DiNapoli said. “This callous action betrayed her sister’s wishes for both to have some financial stability at a time of personal loss. I thank D.A. McMahon for his partnership in protecting the state pension fund from attempts to defraud it and its members.”

“Manipulating her deceased sister's pension to personally enrich herself, this [Defendant's] conduct represented a serious breach of trust, undermined the decedent’s wishes, and caused both financial and emotional harm. From scammers and check-washers to identity thieves and gang members, those who commit financial crimes on Staten Island will be held accountable and I thank Economic Crimes Bureau Chief Gregg Brown for his diligent efforts to secure both restitution and justice in this case," McMahon said.

Gutierrez’s sister was a member of the New York State and Local Retirement system through her work as a nurse at the South Beach Psychiatric Center. She chose to leave her survivors a death benefit that amounted to $411,004 to be split amongst her parents, husband, and sister. At the time of her death, only her husband and Gutierrez were alive.

While her sister was in the hospital, approximately 11 days before her death Gutierrez used her sister’s credentials to create an online retirement account designating herself as the sole beneficiary. Gutierrez received the entire death benefit of $411,004, which she then invested.

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



May 28, 2026

An individual must be temporarily assigned to perform the duties of an investigator while serving in his position to be so designated pursuant to Civil Service Law §58(4)

The New York State Legislature had enacted the necessary legislation providing that an individual who performs in an investigatory position in a manner sufficiently satisfactory to the appropriate supervisors and holds such an assignment for a period of eighteen months to be deem having "demonstrated fitness for the position of detective or investigator with the relevant police, correction or sheriffs department at least as sufficiently as could be ascertained by means of a competitive examination".

In the instant CPLR Article 78 proceeding Plaintiff had sought a review a determination of the Under-Sheriff of the County's Sheriff's Department in which he was employed denying his request to be designated an investigator in the County's Sheriff's Department pursuant to Civil Service Law §58(4). 

Plaintiff had been employed as a correction sergeant with the Sheriff's Department since 2017 and in November 2019, requested that he be designated an investigator pursuant to Civil Service Law §58(4). The Under-Sheriff denied Plaintiff's request and Plaintiff appealed. 

Supreme Court rejected Plaintiff's appeal, which decision the Appellate Division affirmed, holding that Supreme Court properly denied Plaintiff's petition and dismissed the proceeding. 

Citing Matter of Wood v Irving, 85 NY2d 238, the Appellate Division noted that Civil Service Law §58(4)(b)(ii) (former [c][ii]) provides, in relevant part, that "any person who has received permanent appointment to the position of ... correction officer of any rank ... and is temporarily assigned to perform the duties of detective or investigator shall, whenever such assignment ... exceeds eighteen months, be permanently designated as a detective or investigator".

The Appellate Division explained that Plaintiff was not entitled to be designated an investigator pursuant to Civil Service Law §58(4) because he had not temporarily assigned to perform the duties of an investigator while serving in his position as correction sergeant.

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


Editor in Chief Harvey Randall served as Director of Personnel, State University of New York 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, JAG, Command Headquarters, 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.

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