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

Oct 4, 2025

Selected items posted on blogs during the week ending October 4, 2025

Data Tangles & AI Wrangles: Mastering the Chaos of Complex Systems This webinar explores the real-world challenges IT leaders encounter when linking diverse data sources, legacy applications and modern AI tools.WATCH NOW 

Government Workforce Resilience in the Age of Efficiency Hear how forward-thinking state and local agencies are building self-sufficient teams that maintain quality and security standards even during rapid transitions. WATCH NOW

Low-Code Strategies That Actually Work in Government Hear how state and local agencies are using low/no-code tools to reduce IT backlog, scale services and maintain strong security and governance. WATCH NOW

Next-Gen IT: Smarter Devices and Flexible Management Learn how smarter IT strategies can boost workforce satisfaction, streamline operations and support a future-ready public sector. WATCH NOW 

Public vs. Private Sector CIAM: What Sets Them Apart and Why It Matters Explore tailored CIAM (Customer Identity and Access Management) solutions, built for the public sector. WATCH NOW

AI-Powered Automation that Serves Your Mission for Efficient Government Gain insights on how to deploy secure, scalable AI solutions that work seamlessly with your current infrastructure—ensuring compliance and minimizing risk. WATCH NOW  

Making It Easier for Residents to Sign In and Use Digital Services Digital services are expanding, but many agencies still rely on outdated systems to manage how people sign in and access them. This white paper explains how modernizing identity and access management can help reduce fraud, cut support costs, and make online services easier and safer for everyone to use. DOWNLOAD 

Transparency in Motion: Real-Time Data for Safer Streets and Stronger Communities Public safety agencies are under pressure to do more with less -- respond faster, operate more efficiently, and remain accountable to both leadership and the communities they serve. This paper explores how telematics and in-vehicle data are helping agencies meet those expectations and deliver measurable results. DOWNLOAD  

Making It Easier for Residents to Sign In and Use Digital Services Digital services are expanding, but many agencies still rely on outdated systems to manage how people sign in and access them. This white paper explains how modernizing identity and access management can help reduce fraud, cut support costs, and make online services easier and safer for everyone to use. DOWNLOAD 

Transparency in Motion: Real-Time Data for Safer Streets and Stronger Communities Public safety agencies are under pressure to do more with less -- respond faster, operate more efficiently, and remain accountable to both leadership and the communities they serve. This paper explores how telematics and in-vehicle data are helping agencies meet those expectations and deliver measurable results. DOWNLOAD 


Webinar – AI and its transformation of state courts Access the webinar to learn more about AI’s potential to revolutionize your court’s operational efficiency Watch Today!


Oct 1, 2025

An applicant for accidental disability retirement must establish that the disability suffered was the result of an accident within the meaning of the Retirement and Social Security Law

Petitioner, a police detective assigned to an executive protection detail, filed an application for accidental disability retirement benefits contending that he was permanently incapacitated from the performance of his duties as the result of an incident that occurred in the course of his performance of his duties. 

The New York State and Local Police and Fire Retirement System [ERS] denied Petitioner's application based on its determination the underlying incident did not constitute an accident within the meaning of Retirement and Social Security Law §363. Petitioner filed an administrative appeal. 

An Administrative Hearing Officer sustained the ERS ruling after an administrative  hearing. Petitioner then initiated a CPLR Article 78 proceeding challenging the ERS ruling.

Citing Matter of Stefanik v Gardner, 236 AD3d 75, the Appellate Division dismissed Plaintiff's appeal, explaining:

1. "As the applicant, [Petitioner] bore the burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law, ERS's determination in this regard will be upheld if supported by substantial evidence; 

2. "An accident in this context means a sudden, fortuitous mischance, unexpected, out of the ordinary, and injurious in impact";* 

3. Petitioner testified that on the day in question he was assigned to the executive protection detail and, in that capacity, had transported a county executive to various meetings and that he did not recall anything significant events having occurring in the course of his performing such tasks; and 

4. The record did not indicate that Petitioner had engaged in any particularly stressful or strenuous activity in the course of Petitioner's performance of such duties 

Based on the record, the Appellate Division held the Petitioner failed to satisfy his burden of establishing that his disability arose from an accident within the meaning of the Retirement and Social Security Law, disagreeing with Petitioner's argument to the extent that he had contended that "the chest pain he experienced — in and of itself — was sudden and unexpected and, hence, qualified as a precipitating accidental event".

Accordingly, the Court ruled that "ERS's determination denying Petitioner's application for accidental disability retirement benefits will not be disturbed".

* See Matter of Stefanik v Gardner, 236 AD3d 75.

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


Sep 30, 2025

A per diem substitute teacher was ineligible for unemployment insurance as she was given a reasonable assurance of continued employment during the next school year

A Claimant for unemployment insurance worked as a per diem substitute teacher for the employer, [School District]. During the 2022-2023 school year, Claimant had completed 169 assignments as an elementary school substitute, working either full or half days, out of the 184 days in that school year. 

On June 1, 2023, School District emailed Claimant a "Letter of Assurance" informing Claimant that it wished to retain her as a substitute teacher in the same capacity in the 2023-2024 school year, under substantially the same economic terms and conditions as the prior year, and that her expected earnings would be no less than 90% of the prior year's earnings. Claimant acknowledged receipt of the School District's letter and advised School District that she wished to remain on the substitute teacher list for 2023-2024 school year. Nevertheless, between the academic terms, Claimant applied for unemployment insurance benefits. 

The Department of Labor [Department] determined that Claimant was ineligible for benefits, finding that the School District had offered Claimant a reasonable assurance of continued employment in the upcoming school year consistent with the provisions set out in Labor Law §590(10). Claimant appealed the Department's decision.

Following a hearing, an Administrative Law Judge [ALJ] reversed the Department's determination, finding that the School District had not provided Claimant with a reasonable assurance of continued employment. Ultimately the Unemployment Insurance Appeal Board affirmed the ALJ's decision, adopting the ALJ's findings of fact and conclusions of law, and made additional factual findings. The School District appealed the Board's determination.

Labor Law §590(10) provides that "a professional employed by an educational institution is precluded from receiving unemployment insurance benefits for the period between two successive academic years when he or she has received a reasonable assurance of continued employment". The Appellate Division, noting that "A reasonable assurance has been interpreted as a representation by the employer that substantially the same economic terms and conditions will continue to apply to the extent that the claimant will receive at least 90% of the earnings received during the first academic period", held "Whether an employee has received such assurances "is a factual issue for the Board" to resolve and its determination will be sustained "provided that it is supported by substantial evidence".

In this instance the Appellate Division concluded that "Upon review of the record ... the Board's decision was not supported by substantial evidence", observing that in reaching its conclusion, the Board essentially imposed a requirement that a reasonable assurance be a guarantee of earnings during the following school year, "an interpretation that finds no support in the statute or case law". 

The Court held that the letter of assurance sent to Claimant indicated, without qualification, that she would be given the opportunity to perform services for the employer in the same capacity for the 2023-2024 school year, "under substantially the same economic terms and conditions as in the previous school year". Further, the Claimant was advised that "her name would remain on an automated electronic registry used for granting access to assignments", and that she would receive assignments in the same manner as the prior year "due to the continued need for substitutes during the 2023-2024 school year." 

Although the letter did not advise Claimant that there would be a pay increase for per diem substitute teachers, the School District's letter promise that work would be available under the "same economic terms and conditions." 

Given this record, including the letter of assurance and the testimony of the parties, the Appellate Division opined that there was "no reason to believe that the [School District's assurances [of continued employment] ... were illusory", and concluded that the Board's finding that the School District failed to provide Claimant with a reasonable assurance of continued employment "is not supported by substantial evidence and its decision must be reversed".

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


Sep 29, 2025

Disciplinary hearing officer recommended that all disciplinary charges served on the employee be dismissed

New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge [ALJ] Joycelyn McGeachy-Kuls recommended the dismissal of all disciplinary charges filed against a correction officer [CO] by her employer, the New York City Department of Corrections [Department]. The Department had alleged that the CO failed to report for duty on 15 occasions. 

Department, seeking a 30-day suspension, charged the CO did not have authorization for these 15 absences. CO did not dispute her absences but testified that she requested personal emergency leave on each of the 15 occasions cited in accordance with the Department's procedure due to a lack of childcare for her seven-year-old daughter. 

For five of the CO’s absences, the ALJ dismissed the misconduct charges because the Department’s own evidence established that the Department granted the CO's leave requests for those days of absence. 

Addressing the remaining ten absences, Judge McGeachy-Kuls found that CO proved she followed Department procedures for requesting personal emergency leave by contacting her superior and presenting extensive evidence in support of her request for each such absence and submitted written documentation in support of her request upon her return to duty. 

As the Department did not challenge nor dispute the CO's compliance with its procedures, the Administrative Law held that Department was required to establish why the CO’s leave requests were denied to prove misconduct on the part of the CO. The ALJ found that the Department did not make such a showing and that it failed to inform CO that it denied her requests and provide reasons for the denials. 

Accordingly, Judge McGreach-Kuls found that the Department failed to prove the charges it had filed against the CO and recommended the appointing authority dismiss all charges. 

The Department of Correction's Commissioner adopted the ALJ’s findings and recommendation in full.

Click HERE to access the Hearing Officer's findings and recommendation posted on the Internet.


Government Technology Webinars scheduled to be held during the week ending October 3, 2025

MONDAY, SEPTEMBER 29 | 11:00 AM PT, 2:00 PM ET 

Next-Gen IT for Government and Education: Smarter Devices and Flexible Management Learn how smarter IT strategies can boost workforce satisfaction, streamline operations and support a future-ready public sector. REGISTER

 

TUESDAY, SEPTEMBER 30 | 11:00 AM PT, 2:00 PM ET 

Build Smarter, Not Slower: Low-Code Strategies That Actually Work in Government Hear how state and local agencies are using low/no-code tools to reduce IT backlog, scale services and maintain strong security and governance. REGISTER

 

WEDNESDAY, OCTOBER 1 | 10:00 AM PT, 1:00 PM ET 

Staying Connected When It Matters Most: Smarter, Safer Tech for First Responders Join experts from Ericsson, PMC and Woodland Park, NJ, as they how 5G and secure networks are transforming public safety operations in this community. REGISTER

 

THURSDAY, OCTOBER 2 | 10:00 AM PT, 1:00 PM ET

Government Workforce Resilience in the Age of Efficiency Leaner teams don’t have to mean higher risk. Watch this webinar to see how public agencies are staying efficient under pressure. REGISTER

 

THURSDAY, OCTOBER 2 | 11:00 AM PT, 2:00 PM ET 

Data Tangles & AI Wrangles: Mastering the Chaos of Complex Systems This Government Technology webinar, sponsored by Hyland Software, will explore the real-world challenges IT leaders encounter when linking diverse data sources, legacy applications and modern AI tools. REGISTER


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.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law. Email: publications@nycap.rr.com