The doctrine of res judicata prohibit a petitioner litigating an issue that could have been brought in an earlier proceeding

Citing Matter of Hunter, 4 NY3d 260 the Appellate Division opined that Plaintiff's claims for gender discrimination, hostile work environment, and retaliation under the New York State Human Rights Law [Executive Law §296] and New York City Human Rights Law [Administrative Code of the City of New York §8-107] were precluded in the instant action by the doctrine of res judicata because those claims could have been brought in her prior federal action, which alleged gender discrimination under 42 USC §1983. In addition, the Appellate Division noted that Plaintiff acknowledged  that her claim for disability discrimination is barred by the election of remedies doctrine, as she elected to first file a New York State Division of Human Rights complaint alleging disability discrimination.

Click HEREto access the Appellate Division's ruling in this action.

GOVTECH TODAY reports "NY Chief Information Security Officer Karen Sorady Retires"

On December 17, 20211, GOVTECH TODAY reported that after more than three decades of serving the state of New York in various information security roles, state Chief Information Security Officer Karen Sorady is leaving her post for retirement. 

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Declining to appoint an applicant to a position in the public service

Appointing authority's determination not to appoint an applicant for a position in the public service sustained if not determined to be arbitrary and capricious or affected by an error of law.

Click HEREto access the determination of the Appellate Division

Evaluating implied rights of action with respect to litigation seeking a "private remedy"

In Ortiz v Ciox Health LLC, 2021 NY Slip Op 06425, the Court of Appeals answered the question presented in question in the negative.

The Court explained that "A plenary private right of action would be inconsistent with the statutory scheme and the requisite legislative intent for an implied private right of action is not present", concluding that no private right of action lies for violations of Public Health Law §18(2)(e) in this instance.

Click HERE to access the text of the Court of Appeals' decision.

Internal Revenue Service Webinar: Who is an Employee?

The Internal Revenue Service [IRS] will conduct a live webinar, Who is an Employee?, on December 16, 2021, at 1:00 ET.  

Click here to Registerfor this free webinar presented by the IRS Office of Federal, State and Local Governments.

Information in this webinar will help you determine which workers you should treat as employees.

Topics include:

• Common law employees
• Statutory employees
• Section 218 agreement for government entities
• Form SS-8