The Circuit Court of Appeals, Second Circuit, said in order to survive a motion to dismiss, a complaint’s “allegations must meet the plausibility standard set out in Ashcroft v. Iqbal, 556 U.S. 662. Citing Schiano v. Quality Payroll Sys., Inc., 445 F.3d 597, the Second Circuit then opined "to state a quid pro quo sexual harassment the plaintiff must show a tangible employment action, i.e., that an explicit alteration in the terms or conditions of employment resulted from her refusal to submit to [a] sexual advance.” In this action the court concluded that Plaintiff's quid pro quo claim failed ..read more

  A New York City correction officer [CO] charged with "undue familiarity" after giving an incarcerated person [detainee] gifts and making false and, or, misleading statements to investigators about such alleged misconduct. New York City Office of Administrative Trials and Hearings' Supervising Administrative Law Judge Joan R. Salzman recommended that appointing authority terminate CO after finding CO guilty of such offenses. CO was captured on surveillance video greeting the detainee in a friendly manner called “dapping”* and detainee giving CO three packages opaquely wrapped in brown pa ..read more

Petitioners appealed a Board of Education's determination that their child, a high school student, was "not entitled to a medical exemption" from the immunization requirements of Public Health Law §2164.*  The appeal also named the high school principal and a school nurse as “Individual Respondents”.  The Commissioner dismissed Petitioners' appeals "for improper service." The Commissioner's decision notes that 8 NYCRR 275.8 [a] of the Regulations of the Commissioner of Education requires that such petitions be personally served upon each named respondent.  Further, if a school d ..read more

On April 26, 2024, State Comptroller Thomas DiNapoli and Manhattan District Attorney Alvin L. Bragg Jr. announced that Cindy Tappe, former director of finance and administration at New York University, paid full restitution of $663,209 after pleading guilty to grand larceny for orchestrating a $3.5 million, 6-year fraud relating to two NYU programs, announced today. “Cindy Tappe executed a scheme to support her lavish lifestyle at the expense of children with special needs and young English Language learners. She is now a convicted felon and has paid back the money she stole,” DiNapoli sa ..read more

A Simple Way to Make the Suicide Hotline More Effective The 988 Suicide and Crisis Lifeline provides comprehensive support for Americans who face acute mental health challenges. Congress is considering ways to tailor services more strategically. READ MORE   AI as a Stress Test for Government Data The rise of generative artificial intelligence is a stress test for data governance and management. And an opportunity for data stewards to shine. READ MORE   AI Places New Demands on Government-Held Data, But It Is Still the Data That Counts The rise of generative artificial intelligence is ..read more

In the words of the New York State Court of Appeals, "Plaintiff was subjected to offensive and demeaning conduct by her colleagues and sued them and her employer in federal court alleging violations of various federal, New York State, and New York City statutes, and intentional infliction of emotional distress.  "The parties engaged in the full discovery process, including depositions and document production, and defendants moved for summary judgment.  "A federal judge made detailed factual findings and applied those findings to defendants' federal claims, ultimately granting defenda ..read more

New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Michael D. Turilli recommended the termination of employment of a deputy sheriff [Deputy] he found had stolen contraband from an evidence storage container. Judge Turilli determined that on two occasions Deputy was seen on a surveillance video tape exiting the evidence storage container with unidentified objects concealed under his clothing and taking the objects to his car. The ALJ rejected Deputy’s explanation that he had been carrying a mini-tablet and a phone rather than contraband, finding this testi ..read more

The Appellate Division unanimously reversed a New York State Supreme Court's ruling granting the City of New York's motion to [1] dismiss racial discrimination claims alleged by Plaintiffs pursuant to the New York State and City Human Rights Laws and [2] the hostile work environment claim Plaintiffs alleged pursuant to the New York City Human Rights Law which the Plaintiffs had asserted against the City of New York and a named defendant. Citing Harrington v City of New York, 157 AD3d 582 and Reichman v City of New York, 179 AD3d 1115, the Appellate Division opined that Plaintiffs' employment d ..read more

A New York City police officer [Petitioner] was found guilty of four of the five disciplinary charges filed against him by the New York City Police Department [Employer] which included allegations that Petitioner [1] "engaged in a physical altercation with his estranged wife; [2] "failed to request permission before leaving his residence while on sick report, and [3] "violated a protective order on multiple occasions."  Terminated from his position, Petitioner appealed, claiming violations of his right to due process. The Appellate Division held that Petitioner's claims were "unavailing ..read more

On April 19, 2024, New York State Comptroller Thomas P. DiNapoli, Oneida County District Attorney Todd Carville, and the New York State Police announced that the former Bruce Karam, the former long-time superintendent of the Utica City School District (UCSD), was sentenced to pay the UCSD restitution of $11,549 for the resources improperly diverted, serve five years’ probation and perform 250 hours of community service. Karam was also ordered to pay UCSD $150,000 by May 17, representing a reduction in his pension earnings from the date of his crime until his termination. State Comptroller DiNa ..read more