Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
Dec 4, 2025
New York State Employees Retirement System's Online Tools and Tips
Recent disciplinary decisions by New York City Office of Administrative Trials and Hearings Administrative Law Judges
Administrative Law Judge [ALJ] Kevin F. Casey recommended a 30-day suspension after finding that a New York City correction officer submitted a false, misleading, inaccurate, or incomplete report regarding a colleague’s use of force.
Judge Casey, however, did not sustain a companion charge that the officer failed to intervene when the same person allegedly engaged in self-harm.
In recommending a 30-day suspension, the ALJ noted that the evidence did not support a departure from the employer's Disciplinary Guidelines.
Click HERE to access the text of Judge Casey's decision setting out his findings and recommended penalty.
Dec 3, 2025
Disciplinary decision and the penalty imposed remanded for review with instructions to consider only timely charges and specifications
In this appeal of an administrative disciplinary action which found an employee of the New York State Unified Court System [UCS] guilty of the charges filed against him, the Appellate Division notes that where the issue is whether an agency complied with its own internal procedures, the appropriate standard of review is whether the determination was "made in violation of lawful procedure".
Further, opined the court, it is a "fundamental administrative law principle that an agency's rules and regulations promulgated pursuant to statutory authority are binding upon it as well as the individuals affected by the rule or regulation".
The employee [Petitioner] had been served with a notice of charges and specifications alleging that he had engaged in three specified acts of misconduct when he used biased and discriminatory language in three Facebook comments he had posted on the Internet. One such comment, however, was subsequently determined to have been "untimely" at the time it was charged and served.
The Appellate Division's decision notes that where the issue is whether an agency complied with its own internal procedures, the appropriate standard of review is whether the determination was "made in violation of lawful procedure" as it is a "fundamental administrative law principle that an agency's rules and regulations promulgated pursuant to statutory authority are binding upon it as well as the individuals affected by the rule or regulation".
The revised Hearing Officer's findings and recommendation had not distinguished between the sanction initially recommended by the hearing officer in consideration of finding the employee guilty all three alleged charges of misconduct and an appropriate reasonable sanction recommended by the hearing officer to be imposed based on the employee in consideration of the hearing officer's finding the individual guilty of the surviving two timely alleged acts of misconduct.
Dec 2, 2025
Rochester women pleads guilty to stealing nearly $13,000 from the New York State Employees' Retirement System by failing to report her mothers death
On December 1, 2025 New York State Comptroller Thomas P. DiNapoli, Monroe County District Attorney Brian Green and New York State Police Superintendent Steven G. James announced that Karen Walsh, a 68-year-old Rochester woman, pleaded guilty to stealing $12,973 in state pension payments sent to her mother, whose death had not been reported to the pension system. As part of the plea, Walsh was ordered to pay full restitution upfront.
“Ms. Walsh tried to profit off of her mother’s death and defraud the state pension system,” DiNapoli said. “Now, through my partnership with law enforcement, she has been held accountable for her actions and must repay the money she stole. My thanks to D.A. Green and the New York State Police for their work with my office to ensure justice is served.”
“The defendant’s actions represent a misuse of the New York State pension system and, by extension, an offense against the citizens who fund it,” Green said. “Allowing such conduct would undermine the integrity of a system relied upon by countless public servants who dedicated their careers to their communities. I appreciate the thorough work of the State Comptroller’s Office and the New York State Police in this investigation that assisted in today’s resolution. The Monroe County District Attorney’s Office is committed to seeking justice and accountability for all who commit economic crimes against the residents of New York State.”
“Ms. Walsh used her mother’s death to her advantage and continued to inexcusably collect the pension meant to support her mother for the remainder of her life. We will continue to aggressively investigate any case involving financial corruption and those who take advantage of the pension system. I commend the Comptroller’s Office and the Monroe County District Attorney’s Office for their partnership in this investigation,” James said.
Walsh’s mother, also of Rochester, received a monthly payment as the beneficiary of her deceased husband’s state pension. When she passed away in 2020, her pension payments should have stopped, however, Karen Walsh failed to report the death to the pension system and instead pocketed the money. A total of $19,524 in pension payments went to Walsh’s account.
Walsh stole $12,973 by withdrawing over $4,000 from the account and transferring at least $8,000 to a second account in her mother’s name to which she also had access. She wrote checks from that second account, forging her deceased mother’s name and endorsing the back of the checks with her own signature, before depositing them into her own account. Walsh also used the second account in her mother’s name to make personal credit card payments, pay for home improvements and buy groceries.
Walsh pleaded guilty to petit larceny before Judge Van H. White in Rochester City 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. 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.
Dec 1, 2025
New York State Comptroller Thomas P. DiNapoli posts local government audits on the Internet
On November 26, 2025, New York State Comptroller Thomas P. DiNapoli announced the following local government audits were issued.
Click the text highlighted in COLOR to access the audit posted on the Internet
City of Dunkirk – Budget Review (Chautauqua County) The most recent available independent audited financial statements were finalized for 2024 in October 2025. The external auditor’s findings reported in the 2022, 2023 and 2024 financial statements further support OSC’s position that the city’s accounting records are not reliable or up to date. These findings also acknowledge the rapid deterioration of the city’s finances and report that officials do not have the ability to effectively monitor the city’s cash position or results of operations, making financial planning and budgeting incredibly difficult. The city’s most recently completed audited financial statements reported that as of Dec. 31, 2024, the general, water, wastewater, refuse and boardwalk funds had deficit fund balances totaling $15.3 million. The city’s financial condition continued to decline during the current year because the 2025 adopted budget was not structurally balanced and due to a large unbudgeted $1.8 million payment for the purchase of two pumper trucks. With fund balance depleted, the city has limited options available to fund any increases in operating costs. City officials were not planning to increase water or wastewater rates to address the deficits in the water and wastewater funds. The 2026 budget includes a proposed tax levy increase of $198,675 (2%) which will exhaust 86.37% of the city’s constitutional tax limit. As a result, the city’s ability to raise taxes going forward will be severely limited. Seaford Union Free School District – Capital Assets (Nassau County)
Town of Kingsbury – Multiyear Planning for Fund Balance and Reserves (Washington County) Town of Hornellsville – Financial Management (Steuben County)
Wyoming County Industrial Development Agency (WCIDA) – Payments in Lieu of Taxes (PILOT) Town of Danby – Audit Follow-Up (Tompkins County) ### |