Plaintiff's cause of action alleging unlawful discrimination trigged by requiring all employees of the City of New York to provide proof of COVID-19 vaccination dismissed

Plaintiff in this action sought to recover certain damages, alleging he had suffered employment discrimination on the basis of religion in violation of the New York State Human Rights Law [NYSHRL] and the New York City Human Rights Law [NYCHRL] as the result of the Defendants "intentional tort of forcing unwanted medical care on [the Plaintiff]" as the result of New York City's Commissioner of Health and Mental Hygiene requiring all City employees, among others, to provide proof of COVID-19 vaccination. 

Supreme Court granted the motion of the City of New York, New York City Police Department [NYPD], the New York City Department of Health and Mental Hygiene, and others [Defendants] to dismiss the complaint insofar as asserted against them. Plaintiff appealed the Supreme Court's ruling.

The Appellate Division, noting that both the "NYSHRL and NYCHRL prohibit employment discrimination on the basis of religion", observed that Plaintiff's "complaint's conclusory assertions that the [Defendants] discriminated against the [Plaintiff] based on religion were unsupported by sufficient factual allegations to state a cause of action under either the NYCHRL or the NYSHRL". 

Further, opined the Appellate Division, Plaintiff's "complaint failed to sufficiently allege that the NYCHRL 'required a more robust or individualized dialogue than the process he received'." 

Accordingly, the Appellate Division ruled that Supreme Court "properly granted that branch of the [Defendants'] motion to dismiss the causes of action alleging violations of the NYSHRL and the NYCHRL and "for aiding and abetting violations of those statutes insofar as asserted against them".

Further, the Appellate Division held that:

1. As the vaccine mandate was rescinded in February 2023, the cause of action seeking certain declaratory relief regarding the [Defendants'] "policy and practice" with respect to "religious accommodations to [the Defendants'] vaccine policies," is academic; 

2. The exception to the mootness doctrine is inapplicable here and Supreme Court properly granted that branch of the [Defendants'] motion to dismiss the cause of action seeking "certain declaratory relief insofar as asserted against them";

3. Supreme Court properly granted that branch of the Defendants' motion to dismiss the Plaintiff's cause of action alleging a violation of the Free Exercise Clause of the New York Constitution insofar as asserted against them "as the Plaintiff has no private right of action to recover damages for violations of the New York State Constitution, since the alleged wrongs could be redressed by alternative remedies, including those pursued under the NYCHRL and the NYSHRL in this action"; and

4. Failure to comply with a statutory notice of claim requirement is a ground for dismissal pursuant to CPLR 3211(a)(7) for failure to state a cause of action and in this instance "the notice of claim failed to include any allegations relating to these causes of action". 

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

Disability inclusion in aging law and policy

Join the Government Law Center at Albany Law School on October 8, 2025, for the annual Nancy M. Sills ’76 Memorial Lecture on Aging Law and Policy, featuring leaders and disability advocates from the Office of the Chief Disability Officer of the State of New York. 

This free event is open to the public and includes a reception after the speaking program.

A remote attendance option will be available. This link will be shared after registration.

Click HERE to Register. 

Former president of a snowmobile club pleads guilty to stealing $17,000 which New York State and Fulton County provided to maintain snowmobile trails in the Adirondacks

New York State Comptroller Thomas P. DiNapoli, Fulton County District Attorney Mike Poulin and New York State Police Superintendent Steven G. James announced that the former president of the Snowdrifters of Stratford, Chad Daley, pleaded guilty to stealing $17,000 from the nonprofit. As part of his plea agreement, Daley paid full restitution to the club.

“Chad Daley abused his position to enrich himself with funds meant to support his community,” said DiNapoli. “Any violation of the public’s trust for personal gain is unacceptable. Thanks to our partnership with District Attorney Poulin and the New York State Police in this case, Mr. Daley has been held accountable for his crimes.”

James said, “I commend our State Police members, the State Comptroller’s Office, and Fulton County District Attorney’s Office for their rigorous work on this case. This individual abused the position he was entrusted in, taking thousands of dollars that were meant to keep snowmobile trails and the community safe. We have zero tolerance for those who seek to defraud others and put the unsuspecting public in harm’s way.”

The Snowdrifters of Stratford receives funding from New York state and Fulton County to maintain snowmobile trails in the Adirondacks. Daley was the organization’s president for more than 10 years.

From late 2018 through 2023, Daley stole $5,300 in checks made payable to the “Snowdrifters Club” by depositing them into his own personal bank account. He also transferred over $3,000 in funds from the club’s account to his personal account and wrote a $3,500 Snowdrifters’ check to cash, which was endorsed and cashed by his longtime partner.

Daley also made cash withdrawals of over $5,000 from the Snowdrifters’ bank account without authorization or a corresponding purchase order. He took advantage of the club’s tax-exempt status to purchase snowmobiles and trailers using the organization’s funds while registering the vehicles to himself. Daley used the money he stole to support his personal expenses as well as to purchase a snowmobile for his own use. 

Daley pleaded guilty to petit larceny before Judge Nicholas Rissmeyer in Stratford Town Court.

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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. Report allegations of fraud involving New York taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by emailing a complaint to 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.