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

Appealing disciplinary penalties imposed on members of the New York State Bar

In Matter of Hallock, 2021 NY Slip Opinion 06937, the Court of Appeals addressed the Appellate Division's imposition of reciprocal discipline on appellants Larry Hallock and Mary Malerba [Appellants] for alleged misconduct committed before a federal district court judge, resulting in the suspension of Hallock from the practice of law for one year and of Malerba for six months.

The Court of Appeals held that "that the record from the foreign jurisdiction did not support the Appellate Division's finding that [Appellants] acted dishonestly and, accordingly," reversed and remitted the matter to the lower court in both cases.

Click HEREto access the text of the Court of Appeals' ruling in this action.