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

Sep 20, 2025

 Example of text message scam

Scammers are sending phishing text messages to taxpayers about income tax refunds. The New York State Tax Department does not use text messages, email, or social media to request personal tax information.

Selected items posted on blogs during the week ending September 19, 2025

Alaska Joins the AI Ethics Conversation -- Rochester, New York, Attorney Nicole Black's recent posting on the Internet addresses legal technology and ethics. Read the whole entry  

Disability inclusion in aging law and policy - On October 8. 2025, the Government Law Center at Albany Law School will hold its annual Nancy M. Sills ’76 Memorial Lecture on Aging Law and Policy on its campus and via the Internet  Click HERE to Register. 

Distracted Driving in Government Fleets: The Latest Data - Based on a nationwide survey of CDL operators, this report breaks down the most common distractions, which tech tools and policies drivers actually trust, and what public agencies can do now to increase safety and retain skilled drivers. DOWNLOAD

How Public Agencies Are Using Social Media in 2025 - Social media has become the public sector's front line for resident engagement, but many agencies are still under-resourced and uncertain about what’s working. This new report offers a candid look at which platforms are delivering results, where agencies are falling short, and how the landscape is shifting in 2025. DOWNLOAD

Transforming Water Resource Management - As climate pressures intensify, state governments need better tools to manage water more effectively, equitably, and sustainably. Powered by the largest constellation of Earth observation (EO) satellites in orbit and a flexible cloud-based platform, learn how your agency can gain continual and detailed insights into changes across any region. DOWNLOAD

Unified Data Security for Dummies - Sensitive data is moving faster -- and farther -- than legacy tools can track. This guide breaks down how public agencies can gain visibility across cloud apps, protect regulated information, and reduce the operational burden on security teams. DOWNLOAD



Sep 19, 2025

Plaintiff's cause of action alleging unlawful discrimination trigged by requiring all employees of the City of New York to provide proof of COVID-19 vaccination dismissed

Plaintiff in this action sought to recover certain damages, alleging he had suffered employment discrimination on the basis of religion in violation of the New York State Human Rights Law [NYSHRL] and the New York City Human Rights Law [NYCHRL] as the result of the Defendants "intentional tort of forcing unwanted medical care on [the Plaintiff]" as the result of New York City's Commissioner of Health and Mental Hygiene requiring all City employees, among others, to provide proof of COVID-19 vaccination. 

Supreme Court granted the motion of the City of New York, New York City Police Department [NYPD], the New York City Department of Health and Mental Hygiene, and others [Defendants] to dismiss the complaint insofar as asserted against them. Plaintiff appealed the Supreme Court's ruling.

The Appellate Division, noting that both the "NYSHRL and NYCHRL prohibit employment discrimination on the basis of religion", observed that Plaintiff's "complaint's conclusory assertions that the [Defendants] discriminated against the [Plaintiff] based on religion were unsupported by sufficient factual allegations to state a cause of action under either the NYCHRL or the NYSHRL". 

Further, opined the Appellate Division, Plaintiff's "complaint failed to sufficiently allege that the NYCHRL 'required a more robust or individualized dialogue than the process he received'." 

Accordingly, the Appellate Division ruled that Supreme Court "properly granted that branch of the [Defendants'] motion to dismiss the causes of action alleging violations of the NYSHRL and the NYCHRL and "for aiding and abetting violations of those statutes insofar as asserted against them".

Further, the Appellate Division held that:

1. As the vaccine mandate was rescinded in February 2023, the cause of action seeking certain declaratory relief regarding the [Defendants'] "policy and practice" with respect to "religious accommodations to [the Defendants'] vaccine policies," is academic; 

2. The exception to the mootness doctrine is inapplicable here and Supreme Court properly granted that branch of the [Defendants'] motion to dismiss the cause of action seeking "certain declaratory relief insofar as asserted against them";

3. Supreme Court properly granted that branch of the Defendants' motion to dismiss the Plaintiff's cause of action alleging a violation of the Free Exercise Clause of the New York Constitution insofar as asserted against them "as the Plaintiff has no private right of action to recover damages for violations of the New York State Constitution, since the alleged wrongs could be redressed by alternative remedies, including those pursued under the NYCHRL and the NYSHRL in this action"; and

4. Failure to comply with a statutory notice of claim requirement is a ground for dismissal pursuant to CPLR 3211(a)(7) for failure to state a cause of action and in this instance "the notice of claim failed to include any allegations relating to these causes of action". 

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


Sep 18, 2025

Disability inclusion in aging law and policy

Join the Government Law Center at Albany Law School on October 8, 2025, for the annual Nancy M. Sills ’76 Memorial Lecture on Aging Law and Policy, featuring leaders and disability advocates from the Office of the Chief Disability Officer of the State of New York. 

This free event is open to the public and includes a reception after the speaking program.

A remote attendance option will be available. This link will be shared after registration.

Click HERE to Register. 

Former president of a snowmobile club pleads guilty to stealing $17,000 which New York State and Fulton County provided to maintain snowmobile trails in the Adirondacks

New York State Comptroller Thomas P. DiNapoli, Fulton County District Attorney Mike Poulin and New York State Police Superintendent Steven G. James announced that the former president of the Snowdrifters of Stratford, Chad Daley, pleaded guilty to stealing $17,000 from the nonprofit. As part of his plea agreement, Daley paid full restitution to the club.

“Chad Daley abused his position to enrich himself with funds meant to support his community,” said DiNapoli. “Any violation of the public’s trust for personal gain is unacceptable. Thanks to our partnership with District Attorney Poulin and the New York State Police in this case, Mr. Daley has been held accountable for his crimes.”

James said, “I commend our State Police members, the State Comptroller’s Office, and Fulton County District Attorney’s Office for their rigorous work on this case. This individual abused the position he was entrusted in, taking thousands of dollars that were meant to keep snowmobile trails and the community safe. We have zero tolerance for those who seek to defraud others and put the unsuspecting public in harm’s way.”

The Snowdrifters of Stratford receives funding from New York state and Fulton County to maintain snowmobile trails in the Adirondacks. Daley was the organization’s president for more than 10 years.

From late 2018 through 2023, Daley stole $5,300 in checks made payable to the “Snowdrifters Club” by depositing them into his own personal bank account. He also transferred over $3,000 in funds from the club’s account to his personal account and wrote a $3,500 Snowdrifters’ check to cash, which was endorsed and cashed by his longtime partner.

Daley also made cash withdrawals of over $5,000 from the Snowdrifters’ bank account without authorization or a corresponding purchase order. He took advantage of the club’s tax-exempt status to purchase snowmobiles and trailers using the organization’s funds while registering the vehicles to himself. Daley used the money he stole to support his personal expenses as well as to purchase a snowmobile for his own use. 

Daley pleaded guilty to petit larceny before Judge Nicholas Rissmeyer in Stratford Town Court.

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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. Report allegations of fraud involving New York 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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