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

Apr 19, 2025

Items selected from blogs posted on the Internet during the week ending April 19, 2025


10 Practical Ways for Legal Professionals to Start Using AI  Rochester, New York, Attorney Nichole Black, after attending the 2025 ABA Techshow in Chicago, reports on 10 Practical Ways for Legal Professionals to Start Using AI in her Law Blog, Sui Generis. Read the whole entry 

Children, Smartwatches Cause Most Accidental 911 Calls in Alabama Officials in Alabama's Morgan and Limestone counties report that a child playing with a parent's smartphone is the most common cause of an accidental call to 911. Apple Watches' fall detection feature is another culprit. READ MORE

The Road to Recovery: How Transportation Data Supports Climate Resilience Explore how real-time transportation data can help governments prepare for and recover from extreme weather. This paper uses case studies from hurricanes, snowstorms, and wildfires to show how mobility insights improve evacuation planning, infrastructure response, and long-term climate resilience strategies DOWNLOAD

Transforming Justice and Public Safety with Technology Today's justice system faces increasing complexity and mounting challenges. In response, agencies are turning to technology to modernize their processes, enabling better outcomes while fostering trust within the communities they serve. Videoconferencing, mobile devices and productivity tools streamline operations, improve communication and enhance services -- all while prioritizing accessibility, fairness and connection to the public. DOWNLOAD

Wisconsin's Construction Training Program Could Serve as National Model
The construction industry is short by nearly a half-million workers. More states could emulate Wisconsin's growing apprentice program. READ MORE

What Does It Take to Bring High-Speed Internet to Rural America? Expanding broadband takes grit and determination. Every Last Mile follows cable crews overcoming extreme conditions to connect rural America. Witness their journey now: EveryLastMile.film.

California's Failure to Complete High-Speed Rail Rather than an alternative to flying, California has spent billions on lines that can’t reach their destination. READ MORE 

Few Programs Help Medicaid Recipients Find Jobs Congress and some red states are pushing for work requirements, but most recipients work already. Medicaid and other state programs typically don’t offer job assistance or training. READ MORE 

Indiana Legislators Approve $1.2 Billion Property Tax Cut The state Senate passed a bill that falls short of proposals put forward by Gov. Mike Braun, but the Republican signaled he's open to signing it. READ MORE

As Anonymous Tip Lines Become Common, Cybersecurity Is Key Governments are increasingly using specialized anonymous digital tip lines to tackle niche community issues. The data, however, has become an attractive target for threat actors. Here's how one company is responding. READ MORE

Anti-Fraud in the Age of AI Whether it comes to managing cultural change in your organization or developing policies for AI governance, this guide outlines all the strategies that you need. Read more to learn about the best practices that can help you combat this new wave of fraud and manage digital identities! DOWNLOAD

Cyber Attack Impacting Oregon Environmental Department The Oregon Department of Environmental Quality has reported a cyber attack that is affecting communications and operations including vehicle inspections. Some services will be shuttered through the weekend. READ MORE 

Navigating Cybersecurity Amid DOGE Cuts and Global Tariffs Tariffs and DOGE cuts are grabbing headlines at the moment, and both will likely impact government cybersecurity at the federal, state and local levels. Let’s explore. READ MORE 

Iowa Official Examines Pause to Federal Election Cyber Funds Iowa Secretary of State Paul Pate talked about the federal government’s changes to cybersecurity funding and said he “would not want to see” programs go away. The state, he said, does “count a lot on those cyber protections.” READ MORE 

K-12 Leaders to Scrutinize Ed-Tech Vendor Security Practices Out of 310 school leaders surveyed by Education Week Research Center in January and February of 2025, 74 percent said they expect the information they collect about vendors' cybersecurity protections will increase. READ MORE

The Next Generation of Cloud Security As state, local and education organizations modernize their technology infrastructure, they must work within tight budgets while they strive to meet increasing demands for efficiency. Cloud adoption can cut costs and boost agility, but modern architectures can lead to complicated security and compliance processes. To rein in these complexities, agencies need a comprehensive strategy that builds in strong defenses from the first line of code all the way through runtime. DOWNLOAD

Optimize government operations Drive efficiency and innovation while transforming operations with scalable connectivity solutions from T-Mobile for Government. Explore Innovation

Data Laws Would Refine Privacy Strategies, Consumer Control Lawmakers in several states are considering bills that would give residents more control over their data. A measure under consideration in Texas would formally recognize global privacy controls. READ MORE 

Ohio and Indiana Test Partially Automated Truck Platooning The states’ departments of transportation are teaming up to test the autonomous driving technique, which uses technology to let the driver of the first truck control the speed and direction of the second. READ MORE

Navigating Cybersecurity Amid DOGE Cuts and Global Tariffs Tariffs and DOGE cuts are grabbing headlines at the moment, and both will likely impact government cybersecurity at the federal, state and local levels. Let’s explore. READ MORE 

Work Begins on Broadband Network in Flagstaff, Ariz. Construction has commenced on a high-speed Internet network that will connect 34 city facilities including City Hall. Kingman, Ariz.-based Wecom Fiber will build 1.1 million feet of fiber to nearly all of the city. READ MORE

Connectivity solutions for government T-Mobile for Government partners with government agencies to enhance citizen service through scalable connectivity solutions. Unlock Scalable Solutions for Your Agency

The Revitalization of Lowell, Mass. After a long economic slump, the post-industrial New England city is encouraging development, filling vacant properties and zoning for more housing. READ MORE

For-Profit Detention Grows With Trump's Deportation Push The administration is signing billion-dollar contracts with private prison operators. U.S. Immigration and Customs Enforcement is attempting to increase its detention capacity by 100,000. READ MORE 

Lack of Public Defenders Means Some Defendants Wait Months for Trial Shortages are so bad in some counties that defendants have had to be released because they can’t be tried in a timely manner. READ MORE 

Suspect Charged With Arson, Attempted Murder in Attack on PA Governor’s Mansion Cody Balmer said he would have beaten Gov. Josh Shapiro with a hammer if he’d gotten the chance. READ MORE

After 10 Years and $31M, Wash. Workers' Comp Upgrade Has Little To Show Despite spending $31 million, the project has yet to roll out any new technology and is at least $240 million and nine years from completion. READ MORE

Public Funds Wasted on Waste? Government agencies saved millions by optimizing waste contracts without service disruption. Watch the Masterclass

What’s Killing So Many Pedestrians? Experts argue about whether it’s mostly poor road design or dangerous drivers. But there’s no question that it’s gotten a lot riskier to travel on foot. READ MORE

Our Priority Should Be Small-Scale Manufacturing Makers of everything from food to hardware to components for bigger companies need a boost, which better state and local policies could provide. READ MORE 

After Spokane Schools Banned Cellphones, Attendance Went Up The Washington state district didn’t just make students put phones away. They increased field trips and extracurricular activities, bringing chronic absenteeism down among participants by 13 percent. READ MORE 

El Paso Hopes to Increase Water Desalination by 20 Percent in Three Years El Paso has one of the largest water desalination plants in the world. Its efforts will inform Texas’ efforts to use desalination to address its water shortage. READ MORE 

L.A. Mayor and Fire Recovery Czar Trade Shots Steve Soboroff has finished a three-month run coordinating wildfire recovery efforts. He says he was shut out of Los Angeles Mayor Karen Bass’ planning, but the mayor’s office calls him a loose cannon. READ MORE

San Diego's $2.85M Utility Savings Strategy How forensic utility analysis identified rate optimization opportunities across 1,500+ accounts. Get the Strategy

Brandon Ragle Named CIO, Secretary of Illinois DoIT Ragle brings more than two decades of experience to the role of state CIO, including in leadership roles managing enterprise applications and the state technology budget for the Department of Innovation and Technology. READ MORE 

Durham, N.C.’s Longtime Tech Leader Has Resigned Kerry Goode, who had served as chief information officer and director of the city’s Technology Solutions Department since 2010, has moved on. Officials have looked within to find Durham’s new interim CIO. READ MORE

States’ AI-Powered Hiring Platforms Aim to Bolster Workforces States are increasingly incorporating artificial intelligence into their employment platforms to help connect job seekers to opportunities. The impacts on their workforce, officials have said, are tangible. READ MORE 

Cyber Attack Impacting Oregon Environmental Department The Oregon Department of Environmental Quality has reported a cyber attack that is affecting communications and operations including vehicle inspections. Some services will be shuttered through the weekend. READ MORE  

CLEMIS Police and Court Database Plans National Growth Based in Michigan, the data-sharing operation has about 250 agencies, with 2,000 members anticipated by 2030. One of the technology leaders behind this push details what’s coming next, and why. READ MORE 

St. Louis Connects Parks, Retail With Free Public Wi-Fi Officials have expanded the service to seven parks and a four-mile stretch of business corridor, in a bid to improve digital literacy and quality of life. An additional rollout is planned later this year. READ MORE

Vehicle Speed-Limiting Technology Gets a Foothold in State Law A new Virginia law will allow judges to require intelligent speed assistance devices for people with repeat reckless driving offenses. Advocates are pushing for similar policies in other states. READ MORE

Finding Innovation in Everyday Operations Thanks to connected data and mobile networks, any device or piece of equipment can be a vehicle for transformation. This paper shows how two cities are using real-time data from municipal equipment to boost efficiency, increase safety and improve constituent services. DOWNLOAD

Mississippi’s Historic Achievement: Eliminating the Income Tax The state recently became the first since 1980 to vote to eliminate its income tax. This will boost economic growth while removing barriers to work — and could ignite a wave of similar state-led reforms. READ MORE 

Trump Takes More Steps to Block State Climate Efforts  A new executive order directs the attorney general to identify and stop enforcement of state-level climate laws. The order says such laws hinder American energy dominance. READ MORE 

Indiana House Passes Bill Cracking Down on State Contracts Among other things, agencies would be barred from issuing no-bid contracts, which the secretary of state’s office has done repeatedly. READ MORE

The 2025 State of Online Payments Report In today's landscape, billing teams cannot achieve their organizational goals without a comprehensive digital transformation strategy. Whether the aim is to reduce costs, uncover time-saving efficiencies, or improve customer satisfaction, success depends on providing the digital payment experience billpayers expect. DOWNLOAD


Apr 17, 2025

Rebutting a statutory presumption

Petitioner, a retired firefighter, filed an application for accidental disability retirement benefits, alleging that he was permanently incapacitated from the performance of his duties as a result of his inhalation of toxins present on the fire apparatus that he serviced and cleaned after the equipment had returned from Ground Zero after "9/11".

Conceding Petitioner was permanently incapacitated from the performance of his duties as a firefighter, the New York State and Local Retirement System [NYSERS] denied Petitioner's application for accidental disability retirement benefits because it had determined that his disability was not related to any of the conditions set out in Retirement and Social Security Law §363-d.

A Hearing Officer subsequently found that NYSERS had “successfully rebutted the statutory presumption set forth in Retirement and Social Security Law §363-d, which finding was sustained by the State Comptroller. Petitioner appealed the Comptroller’s decision contending that the Comptroller had erred in concluding that Petitioner’s conceded incapacitation was not attributable to his diagnosed prostate cancer and, further, that the Retirement System failed to rebut the statutory presumption.

The Appellate Division disagree with Petitioner's contentions, noting that substantial evidence supported the Hearing Officer's and NYSERS’ findings that Petitioner's retirement “was not in fact occasioned by any of the conditions listed in Retirement and Social Security Law §363-d.”

Further, opined the court, “Substantial evidence also supports the alternative ground for the denial of [Petitioner’s accidental disability] application — namely, that the medical report submitted by the Retirement System's expert was sufficient to rebut the statutory presumption.”

Citing Matter of Hannon v DiNapoli, 226 AD3d 1122, the Appellate Division pointed out that the Comptroller “is vested with the authority to resolve conflicting medical evidence . . . and to credit one expert's opinion over another”. Again noting that the Comptroller’s decision “will be sustained if supported by substantial evidence", the Court said that it was satisfied that there was substantial evidence sufficient to rebut the statutory presumption, thereby warranting the denial of Petitioner's application for accidental disability retirement benefits.

Click HERE to access the Appellate Division decision posted on the Internet.

 

Apr 16, 2025

Audits of several State of New York departments issued

On April 15, 2025, New York State Comptroller Thomas P. DiNapoli announced the following audits have been issued.

Click on the text in highlighted in color to access the audits posted on the Internet.

Department of Health – Improper Medicaid Payments for Outpatient Services Billed as Inpatient Claims (Follow-Up) (2024-F-26)
A recipient’s status in a hospital—inpatient versus outpatient—affects Medicaid’s reimbursement for services provided, with outpatient services generally costing less. A prior audit, issued in August 2023, identified 34,264 fee-for-service inpatient claims, totaling $360.6 million, where hospitals reported Medicaid recipients were discharged within 24 hours of admission, indicating a high risk that a portion of these claims were improper if the services provided should have been billed as outpatient. From a judgmental sample of 190 claims, totaling $4,261,428, from six hospitals, auditors found 91 claims (48%), totaling $1,577,821, were billed improperly. Department of Health and Office of the Medicaid Inspector General officials made little progress in addressing the problems identified in the initial audit report, partially implementing three of five recommendations and not implementing two.


New York State Health Insurance Program: CVS Caremark – Accuracy of Empire Plan Commercial Rebate Revenue Remitted to the Department of Civil Service (2023-S-42)

The New York State Health Insurance Program (NYSHIP), administered by the Department of Civil Service (Civil Service), provides health insurance coverage to about 1.2 million active and retired State, participating local government, and school district employees, and their dependents. The Empire Plan is the primary health benefits plan for NYSHIP, covering over 1 million members. Since 2014, the Department of Civil Service has contracted with CVS Caremark to administer the prescription drug program. In accordance with the contracts, CVS Caremark was required to negotiate agreements with drug manufacturers for rebates, discounts, and other consideration (collectively referred to as “rebates”) and remit the rebate revenue to Civil Service. Based on judgmental samples of 10 manufacturers and 25 drugs, auditors identified $1,160,286 in rebates that is due to Civil Service from CVS Caremark.


State University of New York – Oversight of the Educational Opportunity Program (2024-S-2)
The State University of New York (SUNY) operates the Educational Opportunity Program (EOP), which provides access, support, and financial aid for disadvantaged students who show the potential to succeed despite poor academic preparation and limited financial resources. EOP includes a pre-freshman summer orientation program for incoming students and provides support and enrichment programs, including career advising, tutoring, and personal counseling, throughout students’ enrollment. During the Fall 2023 semester, EOP operated on 28 State-operated SUNY campuses and served 5,969 EOP participants. While SUNY is monitoring EOP, and campuses were generally using the funds for allowed purposes, auditors identified some unallowable or insufficiently supported transactions and lack of support that some counseling services to students were actually provided.


Department of Motor Vehicles – Assessable Expenses of Administering the Motor Vehicle Financial Security Act and the Motor Vehicle Safety Responsibility Act for the State Fiscal Year Ended March 31, 2024 (2024-M-2)
The Motor Vehicle Financial Security Act and the Motor Vehicle Safety Responsibility Act help ensure that the operators of motor vehicles driven in New York State possess adequate insurance coverage, or are financially secure, to compensate those persons they might injure or whose property they might damage as a result of an accident. The Department of Motor Vehicles is responsible for tracking the expenses of administering the acts and assessing these expenses on insurance carriers that issue policies or contracts of automotive bodily injury insurance. Auditors found that the expenses for administering the acts for the State Fiscal Year ended March 31, 2024 totaled $33.2 million.


City University of New York – Open Educational Resources (2023-N-4)
Open Educational Resources (OER) are any teaching, learning, and research materials that are in the public domain or are under copyright but have been released under an open license and are available to students at no or low cost. During the six City University of New York (CUNY) fiscal years ended June 30, 2023, CUNY received a total of $24 million in New York State funds to expand OER initiatives as part of an effort to create OER to reduce textbook costs. To maximize the effectiveness and transparency of CUNY’s OER program, improvements are needed in oversight and accountability. For example, auditors found CUNY did not track $17,674,400 of the $24 million in OER funds received from the State for the 2018–2023 CUNY fiscal years, providing no assurance the funds were used for course conversion and OER activities. CUNY also spent $238,094 in other than personal services expenses that were unsupported, not OER related, or questionable, and auditors found errors and omissions in CUNY’s OER reporting that could be misleading to students when registering for courses.



Apr 15, 2025

Suing a department of a town in New York State


In Michael H. Winter v Cornwall Police Department2025 New York Slip Opinion 02099, Plaintiff sued the Town of Cornwall's Police Department seeking damages Plaintiff claimed to have suffered resulting from the Police Department's alleged negligence

Supreme Court's granting the Town of Cornwall's motion made pursuant to CPLR 3211(a)(7) to dismiss Plaintiff's complaint "for failure to state a cause of action". Plaintiff appealed Supreme Court's ruling to the Appellate Division.

Citing Town Law §150[1] and Stevens v Town of E. Fishkill Police Dept., 198 AD3d 832, the Appellate Division rejected Plaintiff's appeal, holding that Supreme Court had properly granted the Town's motion to dismiss Plaintiff's complaint insofar as asserted against the Town's Police Department. The Court noted that a department of a town such as its police department does not have a legal identity separate and apart from the municipality and, as such, "cannot independently be sued."

In addition, the Appellate Division held Supreme Court "properly granted" that branch of the Town's motion to dismiss Plaintiff's cause of action alleging negligence insofar as asserted against the Town. 

In the words of the Appellate Division, "Contrary to the [Plaintiff's] contention, [Plaintiff] failed to allege that the Town voluntarily assumed a special duty to him beyond that owed to the general public, citing  Maldovan v County of Erie, 39 NY3d 166, and Ferreira v City of Binghamton, 38 NY3d 298.

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


Former Village Mayor found guilty of stealing village funds sentenced

On April 15, 2025, New York State Comptroller Thomas P. DiNapoli and State Police Superintendent Steven G. James announced that former Village of Candor Mayor Eric Halstead was sentenced to 60 days in jail for his theft of $23,000 in village funds*, an act sometimes referred to as "Jobbery".*

“Halstead was elected to serve his community but chose instead to steal from it,” DiNapoli said. “He now faces the consequences of his crime. Public corruption does lasting damage to people’s confidence in the institutions that exist to serve them. My thanks to Tioga County District Attorney Kirk Martin and State Police Superintendent Steven James for partnering with my office to ensure that justice was served in this case.”

State Police Superintendent James said, “The sentencing of Mr. Halstead demonstrates the vital collaborative work of our law enforcement partners focused on the same goal; holding those who break our laws accountable. The victims in this case are the people of New York who put their trust in the former village of Candor Mayor. I commend our State Police members, our partners at the Comptroller’s Office and Tioga County District Attorney’s Office for their commitment to investigating those who prey on the unsuspecting public for their own gain.”

Halstead’s crime was uncovered when unusual entries referring to ATM withdrawals and a “Mayor’s discretionary fund” were found in the village’s records. A subsequent investigation by DiNapoli’s office and law enforcement determined that Halstead stole $23,519 in village funds from February 2017 to May 2023. At random intervals he put money back into the village’s accounts totaling $19,302.

Halstead served as Candor’s mayor from 2012 until his resignation in July 2024. He pled guilty to Grand Larceny in the third degree in January 2025 and paid full restitution.

He was sentenced before Judge Adam R. Schumacher in Tioga County Court. As part of his sentence he is barred from running for public office ever again.

* Mirriam-Webster defines jobbery as "the improper use of public office or conduct of public business for private gain". 

###

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 emailing a complaint to 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.


NYPPL Publisher 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.

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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