Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending November 19, 2022

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending November 19, 2022

Click on text highlighted in color  to access the full report

Handling of unemployment insurance during the COVID-19 pandemic. State Comptroller DiNapoli released an examination of the NYS Department of Labor's (DOL) handling of unemployment insurance during the COVID-19 pandemic. His audit found that DOL’s outdated system left the State’s unemployment insurance program vulnerable to fraud and ultimately contributed to an estimated billions of dollars in improper payments. In light of the audit’s findings, Comptroller DiNapoli called on the department to recoup fraudulent payments and correct its mistakes.

Attrition outpaces hiring among New York City’s municipal workforce, which could have an impact on critical City services and programs, according to a report released by State Comptroller DiNapoli. The report shows the City’s full-time workforce declined by 19,113 employees over the last two years, the largest decline in staffing since the Great Recession of 2008. Despite the City hiring over 40,000 new employees in the last fiscal year, City job vacancies stand at more than 21,000.

Halfmoon Resident Allegedly Stole Deceased Mother's Pension Payments State Comptroller DiNapoli, Saratoga County District Attorney Karen A. Heggen, the New York State Police and the New York State Department of Motor Vehicles announced Christmas Fish of Halfmoon, N.Y. has been charged with grand larceny for allegedly stealing nearly $13,000 of her deceased mother’s pension benefits.

Local Sales Tax Collections Grew by 14% in October Local sales tax collections in New York state increased by 14.1% in October compared to the same month in 2021, according to an analysis released by State Comptroller DiNapoli. Overall, local collections totaled $1.75 billion, up $217 million compared to the same time last year.

Statement on New York City's November Budget Update State Comptroller DiNapoli said, “The release of the City’s November 2022 Financial Plan update raises concerns about the City’s outyear budget gaps at a time of continued uncertainty. New sources of spending and revenue pressure highlight the missed opportunity to set aside additional monies in its Revenue Stabilization Fund in Fiscal Year 2022 when revenues significantly exceeded projections. A systematic approach to setting funds aside is critical." Read more

Retirement System Medical Board may rely on its own expertise to determine an applicant's eligiblility for benefits

The Appellate Division sustained the New York City's Retirement System's Medical Board's [Board] determination that a New York City Police Officer [Applicant] was not permanently disabled from the performance of Applicant's duties as a police officer as a result of his "obstructive sleep apnea". The court had concluding that the Board's decision was not arbitrary and capricious." 

Citing Matter of Borenstein v New York City Employees' Retirement System, 88 NY2d 756, the court said that the Medical Board "properly based its conclusion on its examination" of the Applicant and his medical records, which provided some credible evidence to support its findings. 

Further, the court opined that the New York Police Department's Medical Division's finding that Applicant's obstructive sleep apnea adversely affected the Applicant's performance of his duties as a police officer was not binding on the Board.*

Further, noted the Appellate Division, Applicant had not undergone available treatment options to alleviate his symptoms. 

* N. B. A Social Security Administration’s disability determination is not binding on a New York State public retirement system [See https://www.nycourts.gov/reporter/3dseries/2016/2016_00782.htm].

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

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Disability Benefits for fire, police and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE.

 

In an article published by STAT, a journal about health, medicine, and the life sciences, captioned Replace the failure of Medicare Advantage with ‘Medicare Part F’,  Steve Cohen, an attorney at Pollock Cohen, a litigation-oriented law firm based in New York City, opines "The shortcomings of the current Medicare system must be addressed ASAP. A good place to start is recognizing what hasn’t worked — and why — in order to develop a revamped system of medical care that both effectively and economically serves the growing senior population."

Click the URL set out below to access the article posted on the Internet:

https://www.statnews.com/2022/11/15/replace-medicare-advantage-failure-with-medicare-part-f/

Concerning Medicare and Medicare Advantage

In an article published by STAT, a journal focusing on health, medicine, and the life sciences, captioned Replace the failure of Medicare Advantage with ‘Medicare Part F’,  Steve Cohen, an attorney at Pollock Cohen, a litigation-oriented law firm based in New York City, opines "The shortcomings of the current Medicare system must be addressed ASAP. A good place to start is recognizing what hasn’t worked — and why — in order to develop a revamped system of medical care that both effectively and economically serves the growing senior population."

Click the URL set out below to access this STAT article posted on the Internet:

https://www.statnews.com/2022/11/15/replace-medicare-advantage-failure-with-medicare-part-f/

 

Recovering attorneys' fees and costs incurred in a New York State's Freedom of Information Law CPLR Article 78 action

A "substantially prevailing" party in a CPLR Article 78 involving New York State's Freedom of Information Law may claim "attorneys' fee and costs" where the information demanded was withheld by the custodian of the records and the party seeking the information was required to seek judicial assistance to obtain them.*

In this action the Appellate Division, citing Matter of Dioso Faustino Freedom of Info. Law Request v City of New York, 191 AD3d 504, ruled that where the custodian of the records [Custodian] had "no reasonable basis for denying access" to the records sought pursuant to FOIL, it was undisputed that Petitioner substantially prevailed" as Custodian, during the pendency of this proceeding, "disclosed the records sought in the FOIL request with limited redactions."

A "substantially prevailing" party in a CPLR Article 78 involving New York State's Freedom of Information Law [FOIL] may claim "attorneys' fee and costs" where the information demanded was withheld by the custodian of the records and the party seeking the information was required to seek judicial assistance to obtain the documents or records demanded.

Significantly, the court opined "the voluntariness of [the] disclosure is irrelevant to the issue of whether [Petitioner] substantially prevailed".

As Custodian had conceded the issue of whether it had a reasonable basis for denying access in a prior FOIL proceeding between the same parties before "this court", which was limited to one of the documents at issue here, a medical screening manual, the Appellate Division remanded the matter to Supreme Court for a determination of Petitioner's attorneys' fees and other litigation costs.

* Public Officers Law §89[4][c][ii].

Click HEREto access the decision of the Appellate Division posted on the Internet.