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

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 lack of complete, accurate and current accounting and financial records significantly limited this review and precluded auditors from determining the reasonableness of all of the city’s significant revenue and expenditure projections. The city’s most recent Annual Financial Report (AFR) was submitted to the Office of the State Comptroller (OSC) for the 2023 fiscal year; the 2024 AFR was due April 30, 2025. 

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)
District officials did not maintain complete and accurate capital asset records. Auditors determined that, while assets totaling $1.7 million were inventoried, the district’s inventory records lacked sufficient detail to account for and safeguard the assets. Assets totaling $196,089 were not inventoried, and assets totaling $42,314 were missing and could not be located. The inventory list did not include all necessary information to locate and identify assets. For example, 358 IT assets on the inventory list totaling $1.7 million did not have a serial number. Additionally, 280 assets totaling $630,009 (including 186 IT assets totaling $200,705) did not have the current location recorded on the inventory list. 

Town of Kingsbury – Multiyear Planning for Fund Balance and Reserves (Washington County)
The board and officials did not develop and adopt a multiyear financial plan, a fund balance policy or a reserve policy. As a result, officials continued to accumulate unrestricted fund balance without defining the amounts the board deemed necessary and without documenting future goals or expectations for the accumulation of funds. Had the board and officials developed and adopted a multiyear financial plan and fund balance and reserve policies, the goals of maintaining an adequate level of fund balance and improving the town’s capital assets over time would have been more transparent to the town’s taxpayers. Without such plans or policies, the board cannot assess revenue trends, expenditure commitments, financial risks and the affordability of new services and capital investments over time.


Town of Hornellsville – Financial Management (Steuben County)
The board did not effectively manage the town’s fund balance. Despite maintaining significant unrestricted fund balances, the board overrode the tax levy limit each year and adopted budgets that increased real property taxes by a total of 18% in calendar years 2022 through 2025. As a result, the board maintained unrestricted fund balances that, as of Dec. 31, 2024, were sufficient to fund more than five years of water, three years of sewer and half of the combined town-wide (TW) funds’ 2025 budgeted appropriations. In addition, the board did not treat taxpayers equitably because it inappropriately allocated sales tax revenues totaling $1.1 million to the TW funds instead of the town-outside-village funds in calendar years 2022 through 2024. The board also did not adopt a written fund balance policy until Feb. 11, 2025, after the State Comptroller’s audit notification, or adopt comprehensive written multiyear financial or capital plans. Although auditors provided recommendations in their prior audit, the board did not implement adequate corrective action to address the deficiencies.


  
City of Little Falls – Budget Review (Herkimer County)
The tentative budget includes revenues of $966,599 for revenue sharing state aid, $480,000 for garbage collection user fees, $177,000 for the sale of real property, $350,000 for ambulance charges, $60,000 for the sale of timber, $1.4 million for metered water sales, $1.6 million for sewer rents and $138,500 for golf revenues. These revenues may not be reasonable. The budget also does not include a contingency appropriation in any fund. In addition, the budget includes approximately $1.16 million in debt payments, which are likely overestimated by $37,327. The budget also includes retirement appropriations totaling approximately $1.3 million for members of the state retirement system and appropriations totaling $161,398 for workers’ compensation costs. These appropriations were not properly allocated to each of the operating funds.


Wyoming County Industrial Development Agency (WCIDA) – Payments in Lieu of Taxes (PILOT)
WCIDA officials ensured PILOTs they calculated were accurate and in compliance with the PILOT agreements. During the audit period, WCIDA officials calculated PILOT billings for nine wind and solar energy projects, totaling $971,547. Auditors reviewed the PILOT billings for five of these agreements totaling $280,693 and determined they were accurate and in compliance with the PILOT agreements.


Town of Danby – Audit Follow-Up (Tompkins County)
A previous audit, Town of Danby – Board Oversight (2022M-127), determined that the board did not seek competition when procuring goods and services and audit claims prior to payment. The audit included 14 recommendations to help officials monitor and improve the town’s purchasing and claims auditing procedures. The board and town officials failed to implement any of the 14 audit recommendations and were unable to provide reasonable explanations for their lack of action. The board also persisted in procuring goods and services that may not have been made in a cost-effective manner and the board’s ability to effectively monitor the town’s financial operations continued to be diminished.

###

Nov 29, 2025

Selected items posted on blogs on the Internet during the week ending November 28, 2025

Five Ways Government Leaders Boost Transparency and Trust Learn how public-sector agencies strengthen community confidence through improved transparency and accountability. READ NOW 

Elevating Constituent Services with Connected Experiences This leadership paper explains what your agency needs to create connected experiences and provides several real-world examples of how connected experiences have transformed government services. Read more to find out how your organization can start building connected experiences! DOWNLOAD 

Resilience Blueprint for Local Governments In this comprehensive guide designed for local government leaders, learn actionable strategies to bolster your community's extreme weather resilience, future-proof your energy systems, and ensure continuity of critical servicesDOWNLOAD

New Series Premiere: Public Officials of the Year Webcast The first episode of The Common Thread, Governing’s new series hosted by CEO Cathilea Robinett, spotlights L.A. CIO Ted Ross and his bold approach to modernizing one of America’s largest cities. Watch the Premiere Episode



 

Nov 25, 2025

Eligibility for receiving financial compensation for health conditions resulting from exposure to hazardous material in the wake of 9/11

The New York State's Court of Appeals held that for the purpose of claiming Workers' Compensation Law benefits as a result of exposure to hazardous materials while participating in 9/11 cleanup efforts, Workers Compensation Law §168 applies only to a claim by a statutorily defined participant in the recovery efforts. 

The Court noted that "[I]n the wake of the terrorist attacks on September 11, 2001, the legislature enacted Article 8-A of the Workers' Compensation Law, which was designed to ensure that both employees and volunteers who participated in rescue, recovery, and cleanup operations at the World Trade Center and other statutorily enumerated sites could recover for health conditions resulting from exposure to hazardous material". 

At issue in this action was a claim for death benefits filed by the spouse of a volunteer who had applied for and received lifetime benefits based on multiple medical conditions he contracted as the result of his working at a designated site. 

Although the statute provides benefits to both employees and volunteers and, in the words of the Court of Appeals, "has ensured that many who served in those vital response efforts received financial compensation", the Court ruled that Workers' Compensation Law §168 applies with respect to a claim by a statutorily defined "participant" in the recovery efforts. 

Click HERE to access the Court of Appeals' decision posted on the Internet.


Nov 24, 2025

Former fire department treasurer sentenced to serve 1-3 years in state prison and to make restitution

On November  21, 2025, New York State Comptroller Thomas P. DiNapoli, Oneida County District Attorney Todd Carville, and New York State Police Superintendent Steven G. James announced that the former treasurer of the Durhamville Fire Department, Kimberly Simchik, after pleading guilty to stealing from the fire department. Simchik was sentenced to serve 1-3 years in state prison and to pay $92,000 in restitution. 

“The sentence in this case should be a warning to anyone tempted to abuse their position of trust for their own financial gain. We will find you and you will be held accountable for your actions,” DiNapoli said. “My thanks to Oneida County District Attorney Carville and the New York State Police for their partnership in bringing Simchik to justice.” 

Carville said, “Stealing from our volunteer service is a reprehensible act which is wholly unacceptable and inexcusable. The Oneida County District Attorney’s Office would like to commend the New York State Police and the New York State Comptroller’s Office for their assistance in investigating this matter and in bringing the defendant to justice.”

James said, “Public service requires the highest level of integrity, and any breach of that trust undermines confidence in the institutions that serve our communities. I commend the State Comptroller’s Office and the Oneida County District Attorney’s Office for their thorough work and partnership throughout this investigation. New Yorkers can be assured that when public funds are misused, it will be identified, investigated and prosecuted.”

Simchik, 62, pleaded guilty in September to stealing more than $90,000 from the local fire department. She used the department’s debit card at area casinos and deposited checks meant for the department into her own bank account, spending the money on travel and spa treatments.

When the fire department noticed problems in its account it contacted the New York State Police. The ensuing investigation conducted by the State Police and DiNapoli’s office uncovered the details of Simchik’s crimes.

She was sentenced before Judge Michael R. Nolan in Oneida County Court.

 ###

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. Reports of allegations of fraud involving taxpayer money may be filed calling the toll-free Fraud Hotline at 1-888-672-4555; by mailing a complaint to the Office of the State Comptroller,  Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236; or by filing a complaint online by clicking on https://www.osc.ny.gov/investigations



Nov 22, 2025

Selected items posted on blogs during the week ending November 21, 2025

How Public Sector Leaders Are Reframing Government Cyber Strategy Most cyber strategies fall short for one simple reason: limited visibility. This paper shows how state and local governments are rethinking cybersecurity by prioritizing real-time asset visibility across IT, OT and IoT systems. DOWNLOAD

Leveraging GenAI to Secure Critical Federal Funding One state agency cut weeks off its grant writing timeline--and walked away with $15 million in funding. This case study shows how public sector teams can use AI tools to streamline complex applications without cutting corners or sacrificing compliance.  DOWNLOAD

Firewalls Aren't Enough: Securing Government for the AI Era AI is changing how governments operate — and how cyber threats emerge. Traditional firewalls alone can’t keep up with modern attack surfaces, especially in decentralized, cloud-driven environments. This paper explores why a platform-based security approach is now essential, highlighting strategies like autonomous segmentation, AI model protection and centralized threat detection. DOWNLOAD

On-demand service enhances transit equity in Jersey City Tech-driven service design improves transit equity and job access in Jersey City. Read the full case study on Jersey City's transit innovation.

AI Security Readiness: Insights from 100 Cloud Architects, Engineers, and Security Leaders AI services are everywhere, but the security playbook hasn’t caught up. This report digs into how 100 cloud and security professionals are tackling gaps in AI visibility, governance, and risk. Learn where most teams fall short and what steps leading organizations are taking to regain control in complex cloud environments. DOWNLOAD


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