Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli

Issued during the week of October 1 - 7, 2012 [Click on the caption to access the full report]

MTA Financial Outlook Slowly Improving But Risks Remain

The financial condition of the Metropolitan Transportation Authority has strengthened over the past two years, but the Authority faces continued challenges according to a reportreleased Wednesday by New York State Comptroller Thomas P. DiNapoli.


DiNapoli: LIPA Customers Pay More For Less

Long Island Power Authority ratepayers paid an average of $463 more per year for electricity in 2011 than they did in 2001, according to a reportreleased Wednesday by State Comptroller Thomas P. DiNapoli. The report is the latest in a series by DiNapoli on public authorities.


DiNapoli Releases Bond Calendar For Fourth Quarter

New York State Comptroller Thomas P. DiNapoli Tuesday announced a tentative schedule for the planned public sale of obligations for the state, its major public authorities, the City of New York, and the city’s major public authorities during the fourth quarter of 2012.


Comptroller DiNapoli Releases Municipal Audits

New York State Comptroller Thomas P. DiNapoli Tuesday announced his office completed the following audits:

1. Town of Carmel;
2. Town of Lysander; and,
3. Town of New Paltz.

Comptroller DiNapoli Releases School Audit

New York State Comptroller Thomas P. DiNapoli Tuesday announced his office completed and audit of the Hartford Central School District.

Vacating a finding of being guilty of two of five disciplinary charges requires remanding the matter for reconsideration of the disciplinary penalty to be imposed

Vacating a finding of being guilty of two of five disciplinary charges requires remanding the matter for reconsideration of the appropriate penalty to be imposed

The appointing authority adopted the findings and recommendation of a hearing officer that the employee was guilty of five charges of misconduct and terminated the individual’s employment.

Supreme Court dismissed the former employee’s petition challenging the appointing authority’s action.

The Appellate Division disagreed with this result, explaining that upon its review of the record it found that  the hearing officer's finding the individual guilty of two of the five charges had to be annulled and those two charges dismissed. In the opinion of the court, there was a lack of substantial evidence to support a finding that the employee was guilty of these two charges.

As the appointing authority had imposed a penalty based on the hearing officer’s finding that the individual was guilty of all five charges, the court said that the penalty imposed had to be vacated and the matter remit to the appointing authority to permit it to consider the appropriate penalty to be imposed upon the individual based on the individual having been found guilty of the three surviving charges

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2012/2012_06608.htm

Compilation of adjudicated New York State IDEA impartial hearing decisions published

Compilation of adjudicated New York State IDEA impartial hearing decisions published

Professor Perry Zirkel, University Professor of Education and Law, Lehigh University, has published an annotated list of rulings involving Individuals with Disabilities Education Act (IDEA) and §504 of the Americans with Disabilities Act (ADA) handed down by 2nd Circuit United States Court of Appeals and New York State courts.

Professor Zirkel notes that with the exception of the District of Columbia, New York State is the leading jurisdiction in terms of adjudicated impartial hearings under IDEA.

The case entries are organized in approximate chronological order within common special education categories under IDEA, starting with eligibility, free appropriate public education (FAPE) and least restrictive environment (LRE), and ending with decisions under Section 504. Included are chapters addressing appropriate education, mainstreaming, discipline issues and attorney’s fees.

The compilation is posted on the Internet at http://www.p12.nysed.gov/specialed/dueprocess/NYand2dCirCaseLaw-PZ.pdf and may be downloaded without charge.