ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

April 22, 2022

Searching for "Abandoned Property" received by the State Comptroller

Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the Abandoned Property Law

Interested individuals and organizations may determine if their name appears on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at: 1-800-221-9311 or visit Department of Audit and Controls' web site by clicking HERE.

If you are searching for the name of a public entity or an employee organization, its name may be found among those listed. For example:

BANK OF AMERICA
 
JOHNSON CONTROLS INC
 
DELL USA LP
 
SIEMENS USA HOLDINGS INC

Sometimes the name of the entity or organization may be truncated or "modified". For example:

SCHOOL DISTRICT OF ALBANY

ACADEMY PARK ELK STREET ATTN ACCTS PAYA BLE ALBANY NY 12207

CDW LLC

 

 

 

SCHOOL DISTRICT OF J

905 MARCONI AVE RONKONKOMA NY 11779

STATE OF SOUTH CAROLINA

 

 

 

SCHOOL DISTRICT PUBLICATIONS

570 ELMONT ROAD ELMONT NY 11003

TURNER CORP

 

 

 

Claims for abandoned property must be filed with the New York State Comptroller’s Office of Unclaimed Funds as provided in Section 1406 of the Abandoned Property Law. 

For further information contact the Office of the State Comptroller, Office of Unclaimed Funds, 110 State St., Albany, NY 12236.


April 21, 2022

Terminating a probationary employee without a hearing

Supreme Court rejected Plaintiff's the petition to annul the determination of New York City Department of Education [DOE] which discontinued the Plaintiff's probationary employment as an assistant principal, and dismissing the proceeding brought pursuant to CPLR Article 78. The Appellate Division unanimously affirmed the Supreme Court's ruling.

Appellate Division explained that the Plaintiff failed to demonstrate that her probationary employment as assistant principal was terminated in bad faith, in violation of a law, or for an impermissible reason. The record, said the court, showed that DOE discontinued Plaintiff's employment as a probationary employee because of her failure to comply with directives, complete assignments, and in consideration of a "two-year history of poor work performance."

Citing Childs v Board of Educ. of the City of N.Y., 176 AD3d 560, the Appellate Division noted that in the absence of a demonstration that a probationer's  discontinuance of employment was made in bad faith or in violation of the law, a probationary employee, may be discharged without a hearing.

Click HEREto access the text of the Appellate Division's decision.

 

April 20, 2022

Former Town of Beekman tax collector pleads guilty to embezzling $86,000 for personal expenses

On April 20, 2022 New York State Comptroller Thomas P. DiNapoli announced that Jennifer Colucci, 41, of Hopewell Junction, pleaded guilty to stealing more than $86,000 in tax funds collected for the use of the Town of Beekman and its schools. This plea was a result of a joint investigation between Comptroller DiNapoli’s Office, the New York State Police and Dutchess County D.A. William Grady. 

“Ms. Colucci treated the Town’s treasury like her personal piggybank* and now faces the consequences of her actions,” DiNapoli said. “This case should be a warning to anyone contemplating a betrayal of the public’s trust: you will be held accountable for your actions. I thank Dutchess County D.A. William Grady and the State Police for their partnership in bringing this corruption to light and helping to combat abuse of taxpayers’ trust.”

“Jennifer Colucci put her greed ahead of the community these tax funds were meant to support,” State Police Superintendent Kevin P. Bruen said. “This guilty plea demonstrates the hard work of the New York State Police and our law enforcement partners. I commend and thank the State Comptroller’s Office and Dutchess County District Attorney’s Office for their commitment to investigating those who victimize the unsuspecting public for their own gain.”

Colucci pleaded guilty to Grand Larceny in the 4th Degree and Corrupting the Government in the 3rd Degree and was ordered to pay $86,389.62 in restitution in Dutchess County Court before Judge Edward T. McLoughlin. She is due back in court on June 17, 2022. 

Colucci used the Town’s money to shop online, order food deliveries, and make car loan payments. She served as Beekman tax collector for two years, ending in August 2020. 

* The practice of using a public office or position of trust for one's own gain or advantage is know as Jobbery.

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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.


April 19, 2022

Corruption, fraud, or misconduct in procuring an arbitration award

Supreme Court denied a petition to confirm an arbitration award under color of CPLR §7511.  

§7511 of the CPLR provides, in pertinent part, that an "arbitration award shall be vacated if the court finds that the rights of the complaining party were prejudiced by corruption, fraud, or misconduct in procuring the award." Noting that "[a] party seeking to overturn an arbitration award bears a heavy burden and must establish a ground for vacatur by clear and convincing evidence," the Appellate Division affirmed the Supreme Court's decision.

Citing Goldfinger v Lisker, 68 NY2d at 232-233, the Appellate Division explained that there was "clear and convincing evidence" that the arbitrator committed misconduct and that such misconduct "prejudiced the [Responent's] rights or the integrity of the arbitration process."

Respondents had submitted an affirmation executed by the arbitrator in which the arbitrator "averred that almost a year after the end of the arbitration proceeding, he received information from the [Petitioner] and 'others speaking for' the [Petitioner]  concerning the work that was the subject of the arbitration," and "[b]ased on this information," the arbitrator decided to render the award at issue "without first providing the [R]espondents an opportunity to respond to the information."

In the words of the Appellate Division, "The arbitrator's admitted consideration of evidence received from one party, without providing the other party the opportunity to respond, along with evidence in the record of ex parte communications, established by clear and convincing evidence that the arbitrator committed prejudicial misconduct."

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

 

April 18, 2022

Defendant admits to stealing in excess of $51,000 of her deceased mother’s pension

New York State Comptroller Thomas P. DiNapoli and Orange County District Attorney David M. Hoovler announced that on Thursday, April 14, 2022, Valerie White, 58, of Middletown, pled guilty in Orange County Court to Grand Larceny in the Third Degree. Under the plea agreement announced on the record at the time of the guilty plea, White was ordered to pay restitution in the amount of $51,532.64, which is the total funds that White illegally stole from the state pension system.* 

White’s mother was a pensioner, vested in the New York State and Local Retirement System (NYSLRS). At the time that White’s mother retired in 2000, she elected to receive her pension benefits in full until her death. When White’s mother died in 2017, the death was not reported to NYSLRS and pension benefits continued to be made to an account that White jointly held with her mother. As a result, from 2017 until NYSLRS learned of the pensioner’s death in 2019, over $54,000 were unjustly deposited into the account. While NYSLRS was able to claw back approximately $2,500 of the amount stolen, the remaining was spent by White on personal expenses. At the time of her plea, White admitted to stealing the money and that she knew she did not have permission or authority to take the funds.

“Ms. White thought she could get away with defrauding the New York State and Local Retirement System of over $50,000, but she was wrong,” said New York State Comptroller Thomas P. DiNapoli. “Today’s guilty plea should be a warning sign to anyone attempting to steal state pension benefits that my office will find you and work with law enforcement to hold you accountable. I thank Orange County District Attorney Hoovler for his continued partnership and steadfast commitment to holding those who try to defraud the public accountable.”

District Attorney Hoovler thanked the New York State Comptroller’s Office and the New York State Police for their joint investigation of White that led to her arrest.

“The State pension system is the backbone of the hard-working public servants throughout the State,” said District Attorney Hoovler. “That this defendant would seek to manipulate the system for her own benefit is reprehensible. I am thankful for the dedicated investigation conducted by the Comptroller’s Office together with the New York State Police that ensured this defendant would be held accountable for her actions.”

The case is prosecuted by Assistant District Attorney Tanja Beemer. 

* A criminal charge is merely an allegation by the police that a defendant has committed a violation of the criminal law, and it is not evidence of guilt. All defendants are presumed innocent and entitled to a fair trial, during which it will be the State of New York’s burden to prove guilt beyond a reasonable doubt.

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, 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.
New York Public Personnel Law. Email: publications@nycap.rr.com