An employee injured on the job may sue for injuries he or she subsequently suffered while being transported to a hospital for treatment for his or her job related injuries

An employee injured on the job may sue for injuries he or she subsequently suffered while being  transported to a hospital for treatment for his or her job related injuries

2015 NY Slip Op 03506, Appellate Division, Second Department

A correction officer [Officer] sustained an injury in the course of his employment at a New York City corrections facility.  While Officer was being transported in a New York City Fire Department ambulance to a local hospital, the ambulance was involved in a motor vehicle accident. 

Officer applied for workers' compensation benefits for the injuries he sustained in the prison. In addition, Officer filed a lawsuit against, among others, the City of New York, the New York City Fire Department and the ambulance driver [Defendants] seeking damages for the injuries he allegedly sustained as a result of the motor vehicle accident that  occurred while he was being transported to the hospital.

Supreme Court denied Defendants’ motions to {1] amend its answer “to add an affirmative defense based on the exclusivity of the Workers' Compensation Law,” and [2] for summary judgment “dismissing the complaint insofar as asserted against them.” 

Defendants appealed but the Appellate Division sustained the Supreme Court’s ruling.

While "In general, workers compensation benefits are the exclusive remedy of an employee against an employer for any damages sustained from injury or death arising out of and in the course of employment," the Appellate Division said that even if a plaintiff received workers' compensation benefits, he or she is not precluded from commencing a separate action based on subsequent negligent conduct to recover damages for injuries causally related to the initial on-the-job injury, "but which did not arise out of or in the course of the plaintiff's employment.”

The Appellate Division found that such was the case in this action, explaining that notwithstanding Officer’s filing a claim for workers' compensation benefits for the injuries he sustained “on the job,” he was not precluded from commencing a separate action to recover for damages he allegedly suffered that were “caused by separate injuries that occurred outside the scope of his employment” – i.e., in the course of his being transported to a hospital by ambulance. 

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2015/2015_03506.htm

A police department may not be liable injuries caused by a police officer if the officer was not acting "within the scope of his or her employment and in furtherance of the employer's business."

A police department may not be liable injuries caused by a police officer if the officer was not acting "within the scope of his or her employment and in furtherance of the employer's business."

2015 NY Slip Op 03496, Appellate Division, Second Department

Among the defendants in this wrongful death action involving a police officer [Officer] were Officer’s employers: the Town Police Department and Town [Defendants]. 

The complaint alleged that Officer was handling his "off-duty handgun" when it went off and killed his friend, the deceased victim [Victim]. The Administrator of Victim’s estate and family members sued the Defendants, alleging, in relevant part, that Defendants were liable for the Victim’s death because Defendants were negligent in the hiring, retention, and supervision” of Officer. It was also claimed that the Defendant's were "vicariously liable" for Victim’s death pursuant to the doctrine of respondeat superior.

Supreme Court denied Defendants’ motions to dismiss them from the action “for failure to state a cause of action.” Defendants appealed. The Appellate Division ruled that Supreme Court should have granted Defendants’ motions to dismiss the complaint as to them.

As to the Administrator’s “negligent hiring, retention and supervision” claims, the Appellate Division explained that a necessary element of this cause of action is that the "employer knew or should have known of the employee's propensity for the conduct which caused the injury." 

Here, said the Appellate Division, the evidentiary material submitted by Administrator failed to demonstrate that Defendants were guilty of the alleged “negligent hiring, retention, or supervision” of Officer.

Addressing that part of  Administrator’s compliant that alleged Defendants were vicariously liable pursuant to the doctrine of respondeat superior, the Appellate Division said that the doctrine of respondeat superior requires a showing that alleged wrongdoing committed by the employer’s employee occurred while that employee was acting “within the scope of employment and in furtherance of the employer's business."

The Appellate Division found that although Administrator’s complaint “generally alleged” that Officer was acting within the scope of his employment and in furtherance of the Defendant’s' purpose, the fact alleged by Administrator was “not a fact at all” and “no significant dispute exists regarding it.”  Again, said the Appellate Division, the Supreme Court “should have granted” Defendants’ motion to dismiss the part of Administrator’s cause of action.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2015/2015_03496.htm

The activities of the State’s Joint Commission on Public Ethics and the Legislative Ethics Commission to be reviewed

The activities of the State’s Joint Commission on Public Ethics and the Legislative Ethics Commission to be reviewed

Members of a Review Commission, the JCOPE Review Commission, have been appointed. The Review Commission is to review and evaluate the activities and performance of the State’s Joint Commission on Public Ethics and the Legislative Ethics Commission.

The Review Commission's report addressing the State’s Joint Commission on Public Ethics and the Legislative Ethics Commission activities, and which is to include its recommendations with respect to strengthening the administration and enforcement of ethics laws in New York State, must be delivered to the Governor and to the Legislature on or before November 1, 2015.

The eight individuals named to the Review Commission by Governor Andrew M. Cuomo, Temporary President and Majority Leader of the Senate Dean G. Skelos, and Speaker of the Assembly Carl E. Heastie are:

Anthony Crowell, Dean at New York Law School and former counsel to Mayor Michael Bloomberg, is an expert in state and local government law. He also previously served as Special Counsel to the Mayor and Assistant Corporation Counsel in the New York City Law Department’s Tax & Condemnation and Legal Counsel Divisions, and at the International City/County Management Association. Dean Crowell earned a law degree, cum laude, from American University and a Bachelor of Arts, magna cum laude, from the University of Pennsylvania.

Michael S. Feldberg is a partner at Allen & Overy LLP, where he is the head of the firm’s U.S. litigation practice. He is a former Assistant United States Attorney for the Southern District of New York, and has experience litigating and trying cases in a wide variety of areas, with a special emphasis on the defense of federal criminal and regulatory cases as well as federal civil litigation. He graduated from Harvard Law School, cum laude, in 1977, and Harvard College, magna cum laude, in 1973.

Seymour James is the Attorney-in-Chief of The Legal Aid Society in New York City. Mr. James joined The Legal Aid Society in 1974 as a staff attorney and has served in various supervisory capacities. He is a member of the New York State Justice Task Force, the Committee on Character and Fitness for the Second Judicial Department, and the New York State Permanent Sentencing Commission, and was recently appointed to Mayor DeBlasio's Task Force on Behavioral Health and the Criminal Justice System. James also serves on the Executive Committee of the State Bar's Criminal Justice Section and on the State Bar's Committee on Leadership Development. He is a member of the Board of Directors of the Correctional Association of New York and the New York State Defenders Association and a member of the Chief Defender Council and the Defender Policy Group of the National Legal Aid and Defender Association. James earned his law degree from Boston University School of Law, and his undergraduate degree from Brown University.

Tony Jordan was elected as Washington County District Attorney in 2013. Prior to becoming district attorney he served in the New York State Assembly for three terms representing parts of Saratoga and Washington Counties. Jordan was a partner in the law firm of Jordan & Kelly LLC, and served as an Assistant District Attorney in Washington County before his time in the Assembly. He earned a law degree from the University of Pennsylvania Law School in 1995 magna cum laude, and received his bachelor’s degree from the University of Notre Dame in 1986.

William LaPiana is the Rita and Joseph Solomon Professor of Wills, Trusts, as well as the Estates Director, Estate Planning, Graduate Tax Program for New York Law School, where he has taught since 1987. Prior to teaching, he also served as an associate at Davis Polk & Wardwell in New York. Dr. LaPiana is a Buffalo native who holds both a Ph.D. in History and a J.D. from Harvard, where he also received his B.A. and an M.A.

Elizabeth Moore is currently Senior Vice President and General Counsel at Con Edison. She was formerly a former partner in the firm of Nixon Peabody LLP, where she specialized in public finance, employment law, procurement policy, and government compliance and regulatory issues. Ms. Moore previously served for 12 years in the administration of former New York Governor Mario Cuomo, and was Counsel to the Governor from 1991 to 1994. Moore earned a law degree from St. John’s University and a Bachelor of Science from the School of Industrial and Labor Relations at Cornell University, where she is a member of the Board of Trustees.

Patricia Salkin, Dean at Touro Law School, is a nationally recognized scholar on land use law and zoning. She formerly served as a professor of law, as well as Associate Dean and Director of the Government Law Center of Albany Law School and as an Assistant Counsel for NYS Office of Rural Affairs. Dean Salkin is co-chair of the NYS Bar Association’s Standing Committee on Legal Education and Admission to the Bar. She served two terms as an appointed member of the National Environmental Justice Advisory Council, a Federal Advisory Committee to the U.S. Environmental Protection Agency. Dean Salkin earned a law degree, cum laude, from Albany Law School of Union University, and a Bachelor of Arts degree, cum laude, from the State University at Albany.

Former Senator Dale Volker represented Western New Yorkers in the State Legislature for over 35 years before retiring in 2010. Formerly a police officer, he was first elected to the New York State Assembly in 1972, and three years later, won a special election to the Senate. During his time as a Senator he served as chairman of the Energy and Codes committees, as well as the Subcommittee on Alcoholism. Senator Volker earned his law degree from the University of Buffalo and his undergraduate degree from Canisius College.

Administrators, union leaders and attorneys involved with employment in the public sector issues may be interested in some of the LawBlogs listed by Justia

Administrators, union leaders and attorneys involved with employment in the public sector issues may be interested in visiting some of the LawBlogs tracked by Justia
Updated May 1, 2015

Justia currently tracks the readership of 6,122 Lawblogs in 74 subcategories, ranking the most popular based on the number of visits to these LawBlogs using its BlawgSearch search engine. LawBlogs focusing on public employment personnel matters are listed at the following Justia sites:

 

“Administrative Law” Blawgs are listed at:

http://blawgsearch.justia.com/blogs/categories/administrative-law

“Employment Law” Blawgs are listed at:

http://blawgsearch.justia.com/blogs/categories/employment-law

 “Government Law” Blawgs are listed at:

http://blawgsearch.justia.com/blogs/categories/government-law

In addition, LawBlogs with a general “New York State” focus are listed at:

http://blawgsearch.justia.com/blogs/countries/united-states/new-york

Blawgers are chosen by the BlawgSearch team.

Withdrawing an application for service retirement benefits requires the member to file a written request to do so with the retirement system prior to the effective date of his or her retirement

Withdrawing an application for service retirement benefits requires the member to file a written request to do so with the retirement system prior to the effective date of his or her retirement 

126 AD3d 1281

A member [Member] of the New York State & Local Employees' Retirement System [System]  filed an application for service retirement benefits. At a meeting with a System representative Member learned that a domestic relations order had been filed with the System that provided that his former wife was to receive a portion of his monthly retirement benefit. Member, believing that the terms of the order were inaccurate, told the System’s representative that he did not wish to retire until that matter could be resolved.

However it became apparent that Member’s retirement application was still being processed by the System and Member telephoned the System and again stated that he did not wish to retire. Ultimately Member was told by his employer that “he had retired.”

Member then submitted a written request to withdraw his retirement application but his request was denied by the System as untimely. Subsequently a Hearing Officer found that Member was not entitled to withdraw his retirement application as his written request was untimely, which finding the Comptroller adopted and denied Member’s request to withdraw his application for retirement.

The Appellate Division confirmed the Comptroller decision, explaining that the Comptroller "is vested with the exclusive authority to resolve applications for retirement benefits," and those determinations will be upheld if supported by substantial evidence in the record. The court noted that a Member’s application for service retirement could only be withdrawn "by filing a written request to withdraw [it] prior to the [Member's] effective date of retirement." As Member “admittedly failed” to submit a timely a written request to withdraw his application for retirement, the Appellate Division ruled that the Comptroller's determination denying his written request to withdraw as untimely was supported by substantial evidence.

The court also rejected Member’s argument that the Comptroller should be equitably estopped from denying his request to withdraw his retirement application.

According to the Appellate Division's decision, Member “did nothing until the day before his retirement became effective, when he called ‘someone’ at [the System] and reiterated that he wanted to withdraw his retirement application.” Although Member claimed that the “unnamed employee told him that an oral withdrawal would be sufficient,” which it was not, the Appellate Division said that "even if the advice given by [the System’s] administrative employees was erroneous, it would not give rise to an estoppel here."

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2015/2015_02549.htm

A probationary teacher may be terminated from his or her position absent a showing that his or her dismissal was made in bad faith, in violation of law, or for a constitutionally impermissible purpose.

A probationary teacher may be terminated from his or her position absent a showing that his or her dismissal was made in bad faith, in violation of law, or for a constitutionally impermissible purpose

2015 NY Slip Op 03479, Appellate Division, First Department 

Supreme Court denied a probationary employee’s [Probationer] petition seeking to have the court annul the appointing authority’s decision to terminate Probationer’s services during her probationary period. The Appellate Division dismissed Probationer’s appeal of the Supreme Court’s ruling.

One of the arguments advanced by Probationer was that she had attained “tenure by estoppel” and thus was entitled to notice and hearing as a condition precedent to her dismissal from her position.

The Appellate Division held that Petitioner was not entitled to tenure by estoppel, explaining that Probationer, while serving an extension of her probationary appointment pursuant to an agreement providing for such an extension, had resigned from that position. The appointing authority subsequently reemployed Probationer as a teacher at a different school subject to a new three-year term of probation. This second probationary period was also extended pursuant to the terms of another agreement. The appointing authority then terminated Probationer’s employment before the expiration of this second extended term of probation.

Accordingly, said the court, Petitioner never taught beyond the expiration of the probationary terms of her employment with the school district, citing Juul v Board of Educ. of Hempstead School Dist. No. 1, Hempstead, 76 AD2d 837, aff’d 55 NY2d 648. The Appellate Division commented that Juul, a teacher, had agreed to forgo any claim to tenure in exchange for the extension of his probationary employment with the school district.

In contrast, the Appellate Division noted the decision in Matter of Gould v Board of Educ. of Sewanhaka Cent. High School Dist., 81 NY2d 446. In Gould the teacher was found to have attained tenure by estoppel “where she obtained tenure in her first position and taught beyond the two-year period of her probation in her second position.”

Finding that the appointing authority had not breached the second agreement extending Petitioner's probation at the second school, the court held that in the absence of a showing of bad faith, a violation of law, or a constitutionally impermissible purpose on the part of the appointing authority, Probationer could terminated from her probationary employment “for any reason or no reason at all.”

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2015/2015_03479.htm

_____________

The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 2100+ page e-book. For more information click on http://booklocker.com/books/5215.html

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Employer has the burden of proving an individual cannot perform the essential functions of the position regardless of any reasonable accommodation provided

Employer has the burden of proving an individual cannot perform the essential functions of the position regardless of any reasonable accommodation provided

2015 NY Slip Op 03465, Appellate Division, First Department

Supreme Court granted the New York City’s Department of Sanitation’s [DOS] motion to dismiss the Article 78 petition filed by an applicant [Applicant] for employment with DOS alleging “disability-based” unlawful discrimination “for failure to state a cause of action.”

Applicant appealed and the Appellate Division unanimously reversed the lower court’s ruling.

Applicant claimed that DOS refused to hire him, notwithstanding he otherwise proved qualified for employment as a sanitation worker based solely on his having a psoriasis condition on his hands. This said the court “makes out causes of action for disability-based discrimination under the New York State and New York City Human Rights Laws.”

The State Human Rights Law required Applicant to plead that he could perform the essential functions of the job if he were afforded reasonable accommodation. Here, said the Appellate Division, Applicant’s complaint alleged that gloves would have constituted a sufficient accommodation to enable him to perform the work satisfied this requirement.

The court then explained that whether DOS was justified in considering Applicant’s psoriasis disqualified him for the position “on the grounds that the condition would have prevented him from performing the essential functions of the position" and “no accommodation (including gloves) would have obviated the interference” cannot be determined from the face of the complaint and the documentary exhibits annexed to it.

Although DOS had submitted evidence in support of its motion tending to show that Applicant's condition rendered him incapable of performing the job of a sanitation worker, its motion was not one seeking summary judgment and thus Supreme Court should have denied its motion to dismiss Applicant’s petition.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2015/2015_03465.htm

An employee, as an active participant in a work-related tragedy rather than as a bystander, is eligible for workers’ compensation benefits

An employee, as an active participant in a work-related tragedy rather than as a bystander, is eligible for workers’ compensation benefits

126 AD3d 1250

In this Workers’ Compensation case an employee [Claimant] alleged that she had  sustained a compensable work-related mental injuries after she responded to the suicide of a patient.

A Workers' Compensation Law Judge found Claimant had disabling depression, anxiety and posttraumatic stress disorder stemming from that incident. The Workers' Compensation Board affirmed, and the self-insured employer and its third-party administrator [Employer] controverted the Board’s decision and appealed.

The Appellate Division affirmed the Board’s ruling, explaining that psychological injuries caused by witnessing the aftermath of a suicide have been held to be compensable where "the claimant was an active participant in the tragedy," as opposed to a bystander, citing Wolfe v Sibley, Lindsay & Curr Co., 36 NY2d 505.

Here, said the court, a patient leapt from a window at the facility where Claimant worked.   Claimant was one of the first workers to reach the scene and, despite her lack of medical training, was directed by her supervisor to retrieve an oxygen tank for the patient.

In the words of the Appellate Divisions: “Claimant did so, but began to feel anxious and hyperventilate and ‘lost it’ altogether after she was ordered by facility officials not to speak to investigators about her prior interactions with the patient.”

This, said the court, constituted substantial evidence for the Board's finding that Claimant was indeed an active participant in the events surrounding the suicide and that the Board was free to, and did, “credit medical evidence indicating that [Claimant} developed disabling depression, anxiety and posttraumatic stress disorder as a result of the incident.

The decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2015/2015_02533.htm

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending April 25, 2015

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending April 25, 2015

Click on text highlighted in color to access the full report

New York State Comptroller Thomas P. DiNapoli announced office released audits of State Department and Agencies have been issued:

Department of Motor Vehicles

Posted on the Internet at: http://www.osc.state.ny.us/audits/allaudits/093015/15s7.pdf

Department of Transportation

Posted on the Internet at: http://www.osc.state.ny.us/audits/allaudits/093015/14s52.pdf

and the

Workers’ Compensation Board

Posted on the Internet at: http://www.osc.state.ny.us/audits/allaudits/093015/14s43.pdf

New York State Comptroller Thomas P. DiNapoli  announced his office completed audits of the

Town of Champion Great Bend Fire District – Controls Over Financial Operations (Jefferson County)
The district has not submitted the required annual financial reports to the Office of State Comptroller for the 2011 through 2013 fiscal years. The district did not submit its tax levy limit calculations for 2015 or the three prior years. Auditors calculated the levy limit for 2015 and found the district’s proposed 2015 tax levy exceeded the statutory limit by $4,394 and the board did not pass a resolution to override the limit.

Chenango County – Departmental Cash Receipts (2015M-21)
County officials have ensured cash receipts are properly collected, recorded and deposited. Department officials have implemented effective controls including issuing duplicate receipts, segregating key financial duties, performing monthly reconciliations and cross-checking their records with the monthly treasurer’s report.

Jefferson County Soil and Water Conservation District – Internal Controls Over Selected Financial Operations (2014M-171)

The board was not provided with the necessary financial reports and information to properly oversee operating and grant activities or to develop realistic or structurally balanced budgets. As a result, the district borrowed $669,000 from grant funds to help pay operating costs.

Village of Woodsburgh – Claims Processing and Information Technology (Nassau County)
The board did not perform an effective claims audit to ensure transactions were properly authorized and approved or claims were for proper village purposes. The board also did not adopt a comprehensive IT policy or establish procedures addressing crucial aspects of IT security.


New York State Comptroller Thomas P. DiNapoli today announced his office completed audits of the

Campbell-Savona Central School District – Budget Review (Steuben County)
The significant revenue and expenditure projections in the tentative budget are reasonable. The district consistently appropriates fund balance that is not needed to fund operations. Two of the district’s reserves totaling $1.14 million appear to be overfunded. The district’s tentative budget complies with the property tax levy limit.

Cortland City School District – Budget Review (Cortland County)
The district has overestimated appropriations for payroll, health insurance, retirement, debt and utilities by $3.2 million. After the district’s planned use of $500,000 in fund balance, the remaining unassigned fund balance is only $200,000, or 0.4 percent, of the ensuing year’s appropriations. The district’s preliminary budget complies with the tax levy limit.

Fort Edward Union Free School District – Financial Condition (Washington County)
Although the board adopted reasonable budgets that included realistic estimates based on historical or known trends, the district relied on the appropriation of fund balance to finance recurring expenditures and, as a result, the budgets were not structurally balanced. As of June 30, 2014, the district reported an unrestricted fund balance that totaled $35,463, or .33 percent, of the ensuing year’s budgeted appropriations. District officials have developed a multiyear financial plan to address current and long-term financial trends.
 
Glens Falls Common School District – Financial Condition (Warren County)
The board did not adopt structurally balanced budgets that funded recurring expenditures with recurring revenues for the general fund for 2012-13, 2013-14 or 2014-15 fiscal years. Furthermore, the district’s general fund operating cash balance decreased by approximately $370,000 in one year. As a result, the district had to issue a tax anticipation note to meet cash flow needs during the 2014-15 fiscal year.

West Seneca Central School District – Financial Condition (Erie County)
The district had no operating cash on hand and very little fund balance at the end of 2013-14 fiscal year. The district incurred significant operating deficits in fiscal years 2010-11 through 2012-13. In addition, the district issues short-term debt to provide temporary cash flow and has improperly used a total of $7.5 million in reserve fund cash to help with cash flow in fiscal years 2012-13 and 2013-14.



Audit finds an additional $150,000 was stolen by an official of the Town of Beekman

Former Beekman Comptroller Frederick D. Knapp Jr. pleaded guilty to grand larceny in the second degree last Friday in Dutchess County Court after an audit and investigation by State Comptroller Thomas P. DiNapoli uncovered a second theft of $150,000 in town funds, following an earlier admission by Knapp of stealing $390,000 while in office.

Posted on the Internet at: http://www.osc.state.ny.us/localgov/audits/towns/2015/beekman.pdf

Fiscal Stress Scores for 17 cities released 
State Comptroller Thomas P. DiNapoli issued fiscal stress scores  for the 17 cities in New York that have fiscal years ending between March 31 and July 31.

Posted on the Internet at:: http://www.osc.state.ny.us/localgov/fiscalmonitoring/villagescities_stressed2014.htm

To search for a specific local government’s fiscal stress scores, visit:
http://wwe1.osc.state.ny.us/localgov/fiscalmonitoring/fsms.cfm
 

For an overview of Comptroller DiNapoli’s Fiscal Monitoring System, visit:
http://www.osc.state.ny.us/localgov/fiscalmonitoring/index.htm

Audits find more than $500 Million in Medicare waste

State Comptroller Thomas P. DiNapoli’s audits identified a total of $513 million in improper Medicaid payments and untapped revenue opportunities over a four-year period, according to a report released Wednesday. Auditors identified another $361 million in questionable transactions that will require further review and actions to prevent overpayments or recover costs.

Posted on the Internet at: http://www.osc.state.ny.us/audits/15d1.pdf

Eleven individuals nominated, recommended for appointment or appointed to Governor Cuomo’s administration

Eleven individuals nominated, recommended for appointment or appointed to Governor Cuomo’s administration

Source: Office of the Governor

On April 23, 2015Governor Andrew M. Cuomo announced the following nominations for appointment, recommendations for appointment and individuals appointed to his administration with the Departments and Agencies indicated.

Gerrard P. Bushell will be nominated to serve as President and Chief Executive Officer of the Dormitory Authority of the State of New York. Mr. Bushell is an accomplished investment advisor who counsels some of the nation’s leading institutional investors on their private and public investment strategies. He is currently a Senior Relationship Advisor in BNY Mellon's alternative and traditional investment management businesses. Prior to joining BNY Mellon, he held a number of Senior Advisory roles, including Director in the Client and Partner Group at Kohlberg Kravis Roberts & Co. (KKR), Managing Director in Business Development at Arden Asset Management and Head of Institutional Sales at the Legg Mason affiliate ClearBridge Advisors (formerly Citi Asset Management). Gerrard has deep experience working in New York State Government, having served as a Senior Officer to New York State Comptroller H. Carl McCall, a sole trustee of the New York State Common Retirement Fund and a leading institutional investor. Mr. Bushell is a graduate of Columbia University, where he received a B.A., M.A. and Ph.D. in Political Sciences. This nomination requires Senate confirmation.

Jerry Boone will be nominated to serve as Commissioner of the Department of Taxation and Finance. His nomination replaces that of Kenneth Adams, who will return to the private sector in June. Mr. Boone currently serves as President and Commissioner of the Civil Service Commission, overseeing New York’s workforce as principal human resources partner and employee benefits manager for the Executive Branch of state government, which employs 150,000 people. He previously served as Managing Principal of Boone Consulting and, prior, was President and Founder of Pride Properties, LLC, owning a portfolio of rental and company-financed properties in the Mid South. He held a number of roles at Caesars Entertainment, Inc./Harrah’s Entertainment, Inc., from legal counsel to head of gaming operations at a major subsidiary, culminating in the role of corporate Senior Vice President and HR, Integration & Internal Communication Leader. He also served as Commissioner of the New Jersey Casino Reinvestment Development Authority and Solicitor General in the New York State Attorney General’s Office. Mr. Boone has a B.A. from Columbia University and a J.D. from Boston College Law School. This nomination requires Senate confirmation.

Sabrina Ty has been recommended to serve as President and CEO of the Environmental Facilities Corporation. This recommendation must be approved by the EFC Board of Directors. Ms. Ty most recently served as Special Counsel to the Commissioner in the Office of General Services, where she oversaw several of the Governor’s Enterprise initiatives for achieving savings, supervised the implementation of the Service-Disabled Veteran-Owned Business Program and managed the agency’s MWBE program. She previously served as Governor Cuomo’s Deputy Secretary for Legislative Affairs and, prior, held a number of positions for the New York State Assembly, culminating in Legislative Counsel to the Speaker. Ms. Ty has a B.A. from McGill University in Montreal and a J.D. from Albany Law School.

Margaret A. Tobin has been appointed Senior Vice President of Development for the Jacob K. Javits Convention Center in New York City. Ms. Tobin most recently served as Chief Financial Officer of Empire State Development, where she oversaw the $1.6 billion bond financing of World Trade Center 3. Ms. Tobin joined the Cuomo administration in 2012 as Executive Director of the New York Works Task Force, leading the Governor’s initiative to overhaul the capital investment process for New York State. In that role she led the development of New York State’s first-ever, 10-year, Statewide Capital Plan, coordinating $174 billion in capital investment across 47 agencies and authorities, and oversaw more than 600 projects valued at more than $1.5 billion, while achieving a 100% on-time, on-budget performance. During her distinguished career, Ms. Tobin has served as a Principal at Cherry Tree Development, as Executive Vice President of Development for Thor Equities, a Vice President of Development at Vornado Realty Trust, Executive Vice President and Chief Financial Officer for the Hudson River Park Conservancy, and Director of Economic Development for the Mayor’s Office of Finance & Economic Development. Ms. Tobin earned a B.A. from Vassar College and an M.B.A. from Stanford Business School.

Axel Bernabe has been appointed Assistant Counsel to the Governor with a focus on Health. Mr. Bernabe most recently served as a Partner with Constantine Cannon, P.C., where for over 10 years he specialized in healthcare, antitrust and complex commercial litigation, as well as on providing corporate compliance advice to companies in the healthcare and insurance industries. He previously served as an associate at Coudert Brothers, LLP, and articled with the Canadian Department of Justice. Mr. Bernabe has both a Bachelor of Laws (J.D. equivalent) and a Bachelor of Civil Laws from McGill University Faculty of Law, and a B.A. from the University of Ottawa.

Mehul J. Patel has been appointed Chief Operating Officer and Chief of Staff at Empire StateDevelopment. Mr. Patel currently serves as Chief of Staff at ESD and will be adding the COO role to his responsibilities. He previously served as Vice President of the Moynihan Station Development Corporation, working with public and private stakeholders to expand New York’s Penn Station into the historic James A. Farley Post Office Building. Prior to this role, he was a Senior Project Manager for The Hudson Companies and was a Senior Analyst at HR&A Advisors. Mr. Patel was recently named to the Global 40 Under 40 by Urban Land. He has a B.A. from Yale University and an M.S. from Columbia University.

Heriberto (Ed) Vargas has been appointed Director of Labor Relations for the Department of Labor. He is a veteran New York City labor leader with more than 30 years of experience working on economic, political and social justice issues affecting working families in New York State, nationally, and internationally. He previously served as a consultant to Amalgamated Life Insurance Company and as Assistant to the President of Workers United, SEIU. He also served as Director of Mobilization at UNITE HERE and in various posts at the former International Ladies Garment Workers Union (ILGWU). Mr. Vargas served in the US Air Force during the Vietnam War, from which he was honorably discharged as a Staff Sergeant. He attended Herbert H. Lehman College, City University of New York.

Shareema Abel has been appointed Special Counsel to the Commissioner for Ethics, Risk and Compliance for Homes and Community Renewal. She currently serves as Litigation Attorney in the Teacher Performance Unit of the New York City Department of Education, where she was lead counsel on disciplinary hearings of tenured pedagogues. She previously served as an Assistant District Attorney in Gangs/Major Case/Homicide Bureau of the Bronx County District Attorney’s Office. Ms. Abel has a J.D. from Hofstra University School of Law and a B.A. from Binghamton University.

Linda Donahue has been appointed Special Counsel to the Commissioner for Ethics, Risk and Compliance for the Division of Homeland Security and Emergency Services. Ms. Donahue currently serves as Senior Counsel for the New York City Law Department, where she litigated and managed federal civil rights class actions and wrongful conviction cases. She was previously a partner at Kostelantetz & Fink, LLP, and Counsel at Frankel & Abrams. Ms. Donahue has a J.D. from New York University School of Law and a B.A. in Social Work from Florida State University.

Nika Milbrun has been appointed Assistant Director of Constituencies for African American and Women’s Affairs for the Executive Chamber. Ms. Milbrun most recently served as Regional Field Director for Terra Strategies on behalf of the Democratic Congressional Campaign Committee. She previously was the Field Director for Dell Smitherman’s 2014 State Senate campaign and, prior, was a Special Assistant for the UN Child Rights & Business Workshop. She was also a Community Outreach Coordinator for the New York State Senate Democratic Conference. She served as Regional Field Organizer for One Nation Working Together as well as David Yassky's campaign for New York City Comptroller. Ms. Milbrun attended Baruch College.

Matthew L. Ossenfort has been appointed to serve on the State Workforce Investment Board. Mr. Ossenfort was elected Montgomery County Executive in November 2013. At 33, he is the youngest sitting county executive in New York State. He was born and raised in Amsterdam, attended Amsterdam City Schools and is a lifelong resident of Montgomery County. Upon graduation, he began work in the New York State Assembly, where he worked for various members in different capacities. In 2007, he became Chief of Staff to Assemblyman George Amedore. He is also the founding member and president of Habitat for Humanity Montgomery County NY. Prior to being elected as Montgomery County’s first Executive, he worked as a Senior Legislative Analyst with the New York State Senate. Mr. Ossenfort holds a Bachelor's Degree in Political Science and History from the University at Albany.