Evaluating the credibility of testimony given at a disciplinary hearing

Three New York City correction officers were served with disciplinary charges alleging that each had submitted false or misleading reports concerning retaliatory force used by a captain against an inmate. 

New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge Astrid B. Gloade found that two of the correction officers were in positions whereby they were able to observe the use of force by the captain and did not credit their claims that they did not witness the event. 

The third correction officer testified that he did not include the captain's use of force in his report because the inmate was able to prevent the captain's blows "from landing." Judge Gloade rejected the third correction officer's explanation, finding that the New York City Department of Correction’s "Use of Force Directive" requires that an attempted use of force by another officer on an inmate be reported regardless of whether the attempted use of force against the inmate was successful or not. 

The ALJ found that the three correction officers' failure to include the captain’s use of force  on an inmate in their respective incident reports rendered their reports incomplete and inaccurate and recommended that each officer be suspended without pay for 15 days as the disciplinary penalty to be imposed for their filing incomplete and inaccurate reports of the event. 

The decision is posted on the Internet at:

http://archive.citylaw.org/wp-content/uploads/sites/17/oath/20_cases/20-156.pdf

Appointments to Governor Andrew M. Cuomo's administration confirmed by the Senate

On July 21, 2020 Governor Andrew M. Cuomo announced that the following nominations for appointments to his administration were confirmed by the Senate:

Steven M. Cohen was nominated by Governor Cuomo and confirmed by the Senate as a Member of the Urban Development Corporation and he will be designated Chair, and a member of the Financial Control Board. Mr. Cohen previously was General Counsel and Chief Administrative Officer of MacAndrews and Forbes Incorporated. Prior to that, Mr. Cohen served as Secretary to New York Governor Andrew M. Cuomo, in addition to serving as Counselor and Chief of Staff in the Office of the New York Attorney General under Attorney General Cuomo. In private practice, Mr. Cohen represented a wide array of corporations and individuals in complex commercial, criminal, and regulatory matters. He previously served as the Chief of the Violent Gangs Unit in the U.S. Attorney's Office for the Southern District of New York. Mr. Cohen received his B.A. from New York University and his J.D. from the University of Pennsylvania Law School. He is a member of the New York University Board of Trustees, University of Pennsylvania Law School Board of Advisors, Bank Leumi USA Board of Directors and Whole Earth Brands Board of Directors. He currently serves as a New York Trustee of the Gateway Development Corporation and previously served as the Vice Chairman of the Port Authority of NY and NJ. 

Howard Zemsky was nominated by Governor Cuomo and confirmed by the Senate as Chair Emeritus of the Urban Development Corporation where he will continue his great work on upstate economic development. Mr. Zemsky previously served as President and CEO of Empire State Development Corporation (ESDC) and Commissioner of the Department of Economic Development. He also co-chaired the Western New York Regional Economic Development Council for four years and worked closely on the Governor's Buffalo Billion initiative. Zemsky has a bachelor's degree from Michigan State University and an M.B.A. from the University of Rochester.

Lola Brabham was nominated by Governor Cuomo and confirmed by the Senate as Commissioner and President of the New York State Civil Service Commission. She currently serves as the Acting Commissioner of the New York State Department of Civil Service. In 2019, Governor Cuomo appointed Ms. Brabham as a member of the Civil Service Commission and was named President of the Commission. Ms. Brabham previously served as Acting Commissioner and Executive Deputy Commissioner of the Department of Civil Service. Prior, she served as Deputy Commissioner for Administration and Chief Financial Officer for the State Department of Labor and was Assistant Chief Budget Examiner for the State Division of the Budget. She was Assistant Secretary for Health, Medicaid and Oversight and Director of Human Services in the Executive Chamber under Governor David Paterson. She was also a Legislative Budget Analyst for the Assembly Committee on Ways and Means and, early in her career, was Chief of Staff to Assemblyman N. Nick Perry. Ms. Brabham has a dual B.A. in Criminal Justice and Sociology from the State University of New York and an M.P.A. from Rockefeller College of Public Affairs and Policy.

Dr. Merryl Tisch was reappointed as the Chair of the SUNY Board of Trustees. In 2019, Governor Cuomo appointed Dr. Tisch as the Chair of the Board of Trustees. Prior to that, she had served as Vice Chairman of the SUNY Board of Trustees since March, 2018. Previously, Dr. Tisch was a member of the Board of Regents for 20 years and held the position of Vice Chancellor from 2007 to 2009. As Chancellor of the New York State Board of Regents, Dr. Tisch was responsible for setting the state's education policy and overseeing both public and private education throughout New York. Her policies were informed by years of experience in the fields of education, community service, and philanthropy, including her work as a first-grade teacher at New York City's Ramaz School and the B'nai Jeshurun School. She holds a B.A. from Barnard College, an M.A. in Education from New York University, and received an Ed.D from Teacher's College, ColumbiaUniversity.

Camille Varlack was appointed as a Trustee on the SUNY Board of Trustees. Ms. Varlack is currently Chief Operating Officer and Deputy General Counsel at Pierce Bainbridge Beck Price and Hecht LLP. She previously served as Deputy Director of State Operations for Governor Cuomo. In 2017, she was appointed New York State Chief Risk Officer and Special Counsel. Ms. Varlack has served as deputy director for ethics, risk and compliance in the Executive Chamber and as a principal law clerk for the New York State Supreme Court. She has also served as Assistant Vice President and Counsel at AXA Financial, Inc. and as an Assistant District Attorney for the Kings County District Attorney's Office. Ms. Varlack holds a B.A. from the State University of New York at Buffalo and a J.D. from Brooklyn Law School.

James Haddon was appointed as a Trustee on the SUNY Board of Trustees. Mr. Haddon is currently a Managing Director of Strategic Marketing at Ramirez Asset Management (RAM). He joined RAM in January 2015 and has worked over 36 years in the asset management and investment banking business. At RAM he is responsible for marketing RAM's fixed income products and services to pension funds, state and local governments and corporations. Prior to RAM, Mr. Haddon was employed for 5 years at PFM Asset Management where he was a Managing Director responsible for National Account marketing. Prior to PFM Asset Management he worked at Citigroup in various asset fundraising and investment banking roles. He earned a bachelor's degree in economics from Wesleyan University and an MBA from Stanford University.

Marcos A. Crespo was appointed as a Trustee on the SUNY Board of Trustees. Previously, Mr. Crespo was a member of the New York State Assembly - one of the youngest members of the New York State Legislature when first elected in 2009 - representing the 85th Assembly District, which includes the Soundview, Clason Point, Longwood, and Hunts Point sections of the South Bronx. While in office, Assemblyman Crespo served on a number of committees, including the Committee on Alcoholism and Drug Abuse; Cities; Energy; Environmental Conservation; Insurance; and Transportation. He was also a member of the Black, Puerto Rican, Hispanic and Asian Legislative Caucus, Chair of the Puerto Rican/Hispanic Task Force, and Co-Chair of the Legislative Task Force on Demographic Research and Reapportionment. Mr. Crespo is a graduate of John Jay College of Criminal Justice, is married and has two young daughters.

William Thompson, Jr. was nominated by Governor Cuomo and confirmed by the Senate as a member of the Financial Control Board. Mr. Thompson's extensive experience in successfully managing the finances of one of the nation's largest cities has afforded him unique insight into the needs of local municipal issuers. As Comptroller, Mr. Thompson also served as custodian and investment advisor to the five New York City Pension Funds, where he managed a combined portfolio amounting to more than $100 billion at the close of his tenure. In this role, Mr. Thompson invested hundreds of millions of dollars in affordable housing and commercial real estate in New York City. During his tenure, Mr. Thompson also worked with leaders of the financial services industry to reform the operations of the New York Stock Exchange, and spearheaded the City's innovative Banking Development District program. Prior to his work as Comptroller, he had served as Brooklyn Deputy Borough President and as a Member and five-term President of the New York City Board of Education. Mr. Thompson also served as a Senior Vice President in Public Finance in the mid-1990s. Mr. Thompson is a graduate of Tufts University.

Secretary of State Rossana Rosado was nominated by Governor Cuomo and confirmed by the Senate as a member of the Financial Control Board. Secretary Rosado brings a depth and diversity of experience as New York Secretary of State. Governor Cuomo appointed Secretary Rosado to the position on February 3, 2016 and she was unanimously confirmed by the New York State Senate on June 15, 2016. Her leadership has helped make the Department of State one of the most dynamic agencies in State government. Secretary Rosado is best known for her successful tenure as the Publisher and CEO of El Diario La Prensa, where she spent 18 years, overseeing more than $22 million in annual revenue. Secretary Rosado also served on the board of the Port Authority of New York and New Jersey from 2012 to 2015. Secretary Rosado was a Distinguished Lecturer at the John Jay College of Criminal Justice prior to joining the Cuomo administration, and has been a member of the College's Foundation Board of Trustees since 2012. A native New Yorker, Secretary Rosado received her B.A. in Journalism from Pace University.

Kelly Cummings was nominated by Governor Cuomo and confirmed by the Senate as a member of the Olympic Regional Development Authority and will be designated Chair. Ms. Cummings currently serves as the Director of New York State Operations and Infrastructure. Previously, she served as Senior Advisor and Deputy Chief of Staff to Governor Cuomo. Prior to working in the Governor's administration, she served as the Director of Communications for the Senate Majority. In that position she managed overall communications and press for the Senate Majority Conference and acted as chief spokesperson for the Senate Majority Leader. In her more than 20 years in the State Legislature, Ms. Cummings has held a number of communications and policy positions in both the Senate and Assembly. Ms. Cummings previously served as director of policy development for the Senate Minority where she assisted senators and their staff in developing, drafting and publicizing new legislative initiatives. Prior to that, Ms. Cummings was chief of staff to Senator Charles Fuschillo where she managed operations, developed legislation and directed press and communications. Ms. Cummings also worked as communications director and director of public affairs for the Assembly Minority from 2002-2005. She holds a Bachelor of Arts degree from St. Lawrence University.

Senator Betty Little was nominated by Governor Cuomo and confirmed by the Senate as a member of the Olympic Regional Development Authority. Currently, she is serving her ninth term as a New York State Senator representing the residents of the 45th Senate District, which is comprised of Clinton, Essex, Franklin, Warren and parts of St. Lawrence and Washington Counties. Prior to first winning election to the State Senate in November 2002, Senator Little served in the New York State Assembly for seven years. A former teacher, Senator Little is pleased to serve as the ranking Minority member on the Senate's Education Committee. She also serves on the following committees: Cultural Affairs, Tourism, Parks and Recreation; Environmental Conservation; Finance; Health; Housing, Construction and Community Development; New York City Education; and Rules. Born in Glens Falls, Senator Little is a graduate of St. Mary's Academy and the College of Saint Rose with a degree in Elementary Education. A former teacher and realtor, she resides in Queensbury. Senator Little is the mother of six children, Elizabeth, David, Robert, Thomas, Carolyn and Luke, and the proud grandmother of eighteen.

Brigadier General Michel A. Natali was promoted to Major General of the New York Army National Guard. Prior to his current assignment, he served as the Commanding General of the 53rd Troop Command of the New York National Guard. Major General Natali also served a combat tour in Iraq as Deputy Intelligence Officer in the 42nd Infantry Division from 2004 to 2005. He is a graduate of Norwich University, received his Masters of Public Administration from Marist College, and received his Master of Strategic Studies from the U.S. Army War College.

The following individuals were nominated by Governor Cuomo and confirmed by the Senate to the New York State Court of Claims:

Veronica G. Hummel

Hon. Charles M. Troia

Hon. Adrian N. Armstrong

Adam W. Silverman

The following individuals were also nominated by Governor Cuomo and confirmed by the Senate to the Olympic Regional Development Authority:

Diane Munro

Elinor Tatum

Thomas Keegan

The following individuals were nominated by Governor Cuomo and confirmed by the Senate to the New York State Minority Health Council:

Ngozi Moses

Guillermo Chacon

LaRay Brown

Tandra LaGrone

Mecca (Santana) Mitchell

Dr. Luis Freddy Molano

Rev. Diann Holt

Helen Arteaga Landaverde

The following individuals were nominated by Governor Cuomo and confirmed by the Senate to the New York State Behavioral Health Services Advisory Council:

Glenn Liebman

Chacku Mathai

Michael Orth

Carlee Hulsizer

Brianna Gower

Debra Pantin

Ian Shaffer

Yiu Ng

David Woodlock

Kerry Whelan-Megley

Patrick Seche

Constance Wille

Hilda Rosario Escher

The following individuals were nominated by Governor Cuomo and confirmed by the Senate to the New York State Bridge Authority:

Lou Lanza

Michael O'Brien

IIan Gibert

Joan McDonald

Alexander Berardi

Maria Bruni

Colin Jarvis

The following individuals were nominated by Governor Cuomo and confirmed by the Senate to the Niagara Frontier Transportation Authority:

Jennifer Persico

Rev. Mark Blue

Stephen Tucker

The following individuals were nominated by Governor Cuomo and confirmed by the Senate to the Ogdensburg Bridge and Port Authority:

Toni Kennedy

Jennifer Quirk-Pickman

Nicole Terminelli

Megan Whitton

Vernon "Sam" Burns

The following individual was nominated by Governor Cuomo and confirmed by the Senate to the Stewart Airport Commission:

Roger Higgins

Placing an employee on leave without pay upon the initiation of a disciplinary action against the employee

Civil Service Law §75.3-a, suspension pending determination of charges and penalties relating to police officers of the Police Department of the City of New  York [Department] served with disciplinary charges, provides that a New York City police officer may be placed on leave without pay for a maximum of 30 days while awaiting a hearing on the disciplinary charges. Thereafter the police officer's name must be restored to full pay status on the payroll. 

However, in the event of a delay in the disciplinary hearing beyond the 30-day maximum is occasioned solely by the police officer's own conduct, the police officer may be placed on, or continued on, leave with out pay or again removed from the payroll, as the case may be, until such time as the appointing authority is otherwise able to go forward with disciplinary hearing. 

In contrast, where the appointing authority is solely responsible for the delay, or the parties are equally responsible for the delay, the police officer's name is to be restored to the payroll after the 30-day period of leave without pay authorized by §75.3-a has been exhausted.

In this action the Appellate Division said it agreed with the Department that the police officer [Petitioner] was not entitled to reinstatement to the payroll, or eligible for back pay, for any time he was taken off the payroll in excess of 30 days, because Petitioner was solely responsible for the delay in the disciplinary hearing going forward. 

The Appellate Division, citing Gerber v New York City Housing Authority, 42 NY2d 162, explained that because Petitioner failed to take certain necessary action "the entire period of delay in holding the [disciplinary] hearing resulted from his dilatory tactics."

In the alternative, in the event an individual served with disciplinary charges fails or refuses to participate in the disciplinary hearing without good cause, the appointing authority may elect to proceed to conduct the disciplinary hearing as scheduled "in absentia."

It is well-settled that should the employee fail to appear at the disciplinary hearing as scheduled, the appointing authority may elect to proceed with the disciplinary action and actually hold a hearing in absentia rather then merely proceed to impose a penalty on the individual simply because of the employee's failure to appear as scheduled [see Mari v. Safir, 291 AD2d 298, leave to appeal denied, 98 NY2d 613]. 

As the Appellate Division held in Mujtaba v NYS Dept. of Education, 148 A.D.2d 819; 107 A.D.3d 1066,  “due process does not require that [the charged employee] be present at an administrative hearing, but rather requires notice of the charges and an opportunity to be heard.” What also is required, however, is that in the event the employee fails to appear at the disciplinary hearing as scheduled, the appointing authority make a diligent effort to contact the employee to inform him that the scheduled disciplinary hearing would take place even if he did not participate and determine if the individual had a reasonable explanation for his failure to appear at the disciplinary hearing as schedule.. 

Further, the charging party must prove its case by presenting substantial evidence of the employee’s incompetence or misconduct in the course of a disciplinary hearing held in absentia.

On the other hand, there is case law holding that an arbitrator may proceed with a disciplinary arbitration hearing in the absence of the appointing authority or its representative and make a final, binding determination and award. The appointing authority had boycotted a scheduled arbitration hearing because it believed that the employee was not entitled to submit the matter to arbitration. In Matter of Hall, 235 AD2d 75, the Appellate Division sustained the arbitrator’s award in favor of the employee.

The instant decision is posted on the Internet at: 

http://www.nycourts.gov/reporter/3dseries/2020/2020_04103.htm

Seeking public documents and records pursuant to New York State's Freedom of Information Law

The basic concept underlying New York State's Freedom of Information Law [FOIL] is that all government documents and records, other than those having access specifically limited by statute, are available to the public.* Although the custodian of the records or documents requested may, as a matter of an exercise of discretion, elect to deny access to  documents and records that are within the ambit of the several exceptions to disclosure authorized by FOIL, as the Court of Appeals noted in Matter of Madeiros v New York State Educ. Dept., 30 NY3d 67, FOIL "is based on a presumption of access in accordance with the underlying premise that the public is vested with an inherent right to know and that official secrecy is anathematic to our form of government."

Petitioner's union had submitted a FOIL request seeking "complete copies of any communications" between a named respondent or the New York Police Department [herein after jointly "NYPD"] and the Mayor or the Mayor's Office related to an incident in which the Petitioner was involved. The union also sought "complete copies of any documents" related to a NYPD task force convened to review NYPD's emotionally disturbed person [EDP] policy and to make recommendations for changes thereto. NYPD denied the union's request in its entirety, claiming an exemption to avoid interference with a law enforcement investigation or judicial proceeding at the both the NYPD FOIL Unit's level and at the NYPD's Records Access Appeals Officer's level. Petitioner then initiated this proceeding.

The Appellate Division, noting that a second NYPD decision involving the same administrative appeal produced over 3,200 pages of responsive documents, with numerous redactions, but  462 pages were withheld under color of exemption as inter- and intra-agency material, said that NYPD, with respect to the redactions, relied on "exemptions for nonroutine criminal investigation techniques and preserving the integrity of agency information technology assets."

NYPD also advanced claims of "protection of individuals' privacy and safety, and the attorney-client privilege," which Petitioner did not challenge. 

Petitioner, however, did challenge challenged NYPD's reliance on the law enforcement exemption which it had not earlier raised. After Petitioner filed an amended petition challenging NYPD's reliance on exemptions not previously raised, NYPD cross-moved to dismiss Petitioner's action, asserting that the proceeding was moot and contended that the proceeding was in the nature of mandamus. 

Although Supreme Court had granted  NYPD's cross motion, the Appellate Division reversed the lower court's ruling.

Initially addressing NYPD's challenge to Petitioner's standing to maintain this action, the Appellate Division, citing Matter of Fleisher v New York State Liq. Auth., 103 AD3d 581, leave to appeal denied 21 NY3d 856, rejected NYPD's argument, explaining that Petitioner's union had filed the FOIL request on Petitioner's behalf and NYPD specifically referenced Petitioner in their administrative appeal determinations.

The Appellate Division then ruled that "This proceeding is not in the nature of mandamus to compel the disclosure of documents under the Freedom of Information Law [FOIL]."** Thus, said the court, the standard of review is whether the denial of the FOIL request was "affected by an error of law." Accordingly, said the court citing Matter of Madeiros v New York City Educ. Dept., 30 NY3d 67, its judicial review was limited to the grounds for denial of the documents and materials demanded invoked by NYPD in its administrative determinations.

As NYPD had abandoned the exemption raised in its initial decision, the Appellate Division concluded that it cannot meet its burden to "establish that the ... documents [qualify] for the exemption," nor did NYPD "make any contemporaneous claim that the requested materials" fit its newly claimed exemptions. In the words of the court, "to allow [it] to do so now would be contrary to [Court of Appeals] precedent, as well as to the spirit and purpose of FOIL."

Rejecting NYPD's contention to the contrary, the Appellate Division held that the disclosure of certain documents did not moot this proceeding as the agency had still withheld many of the documents and materials sought by Petitioner and Petitioner had challenged the bases for both [1] NYPD's failure to produce such documents and materials and [2] the redactions made by NYPD to the documents NYPD did disclosed.

The Appellate Division, however, held that Petitioner's demand for the metadata*** of documents disclosed must be denied as an agency is only required to produce "a record reasonably described" and a FOIL request for "complete copies" of communications and documents cannot fairly be read to have implicitly requested metadata associated with those records.

Further, said the court, Plaintiff's reliance on a Fourth Department case, Matter of Irwin v Onondaga County Resource Recovery Agency, 72 AD3d 314, in which that court held that a request for "all computer records that are associated with published [photographs]" should be produced was misplaced as Petitioner's request in the instant matter is distinguishable from the request considered by the court in Irwin and the Fourth Department's "decision is limited to the facts of [the Irwin] case."

Noting that Petitioner had "substantially prevailed"**** even prior to this appeal as NYPD made "no disclosures, redacted or otherwise, prior to Petitioner's commencement of this ... proceeding," and Petitioner "ultimately succeeded in obtaining substantial ... post-commencement disclosure responsive to [Petitioner's] FOIL request," the Appellate Division remanded the matter to Supreme Court for it:

1. To determine if there are any necessary redactions in all documents disclosed, both before entry of judgment and as a result of this decision, pursuant to the exemptions based upon invasions of personal privacy, preserving the safety of persons, and the attorney-client privilege, as well as the Supreme Court's consideration of Petitioner's request for attorneys' fees and litigation costs; and

2. To determine whether there was a reasonable basis for the NYPD to deny access based on the claimed law enforcement exemption, and if not, to "assess" fees and costs" consistent with the provisions of Public Officers Law §89[4][c][ii]."

* Release of certain public records are limited by statute such as the prohibitions set out in  Education Law §1127 - Confidentiality of records; §33.13 of the Mental Hygiene Law - Confidentiality of clinical records; and Civil Rights Law §50-b(1) prohibiting public inspection of material "in the custody or possession of any public officer or employee" identifying a victim of a sex offense as defined by Penal Law Article 130.

** The extraordinary remedy of mandamus will lie only to compel the performance of a ministerial act, and only where there exists a clear legal right to the relief sought (see Matter of Legal Aid Socy. of Sullivan County v Scheinman , 53 NY2d 12.

*** Metadata is data that in most information technology usages means "an underlying definition or description."

**** The Appellate Division noted that Petitioner "ultimately succeeded in obtaining substantial ... post-commencement disclosure responsive to [Petitioner's] FOIL request."

The decision is posted on the Internet at:   http://www.nycourts.gov/reporter/3dseries/2020/2020_04007.htm

Typically courts are bound by the arbitrator's factual findings, interpretation of the contract and decision with respect to the remedies provided by the award

The collective bargaining representative  [TCBR] of the teachers of a school district filed a grievance with the school board [Board] on behalf of teachers assigned to certain integrated co-teaching classrooms contending that such assignments increased class sizes in violation of certain provisions set out in the collective bargaining agreement [CBA] between the parties. Ultimately TCBR filed a notice of intent to arbitrate the alleged violations of the CBA and the Board and the TCBR  stipulated that the issue of whether the increased class sizes violated certain Articles in the CBA would be submitted to arbitration.

After conducting a hearing, the arbitrator determined that the increased class sizes violated two of the several Articles in the CBA that TCBR  had alleged the Board had violated. As redress, the arbitrator awarded additional compensation to the affected teachers for the relevant time period. The District then commenced a proceeding pursuant to CPLR Article 75 seeking a court order vacating the arbitration award. Supreme Court denied the Board's petition to vacate the arbitration award and confirmed the award. The Board filed a timely appeal challenging the Supreme Court's ruling.

The Appellate Division affirmed the Supreme Court's decision, opining that judicial review of arbitration awards is extremely limited. 

Citing  Matter of Kowaleski [New York State Dept. of Correctional Servs.], 16 NY3d 85, the court explained that an arbitration award may not be vacated unless it shown to violate a strong public policy,  is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power. Further, said the Appellate Division, "A party seeking to overturn an arbitration award bears a heavy burden and must establish a ground for vacatur by clear and convincing evidence."

Noting that courts are bound by the arbitrator's factual findings, the arbitrator's interpretation of the contract and the arbitrator's decision with respect to the remedies to be provided an injured party, the Appellate Division observed that "A court cannot examine the merits of an arbitration award and substitute its judgment for that of the arbitrator simply because it believes its interpretation would be the better one." Tthe court pointed out that in New York State Correctional Officers and Police Benevolent Association v State of New York, 94 NY2d 321, the Court of Appeals stated that "courts will not assume the role of overseers to conform the award to their sense of justice."

Agreeing with the Supreme Court's determination that the arbitrator's award was neither irrational nor violative of public policy, nor did the arbitrator exceed a specifically enumerated limitation on his authority, the Appellate Division sustained the Supreme Court's determination denying the Board's  petition to vacate the arbitration award and its confirmation of the arbitrator's award.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2020/2020_03909.htm