I. Introduction and Overview New York State Civil Service Law controls all public sector prospective and current appointments and promotions; this ranges from candidates for employment with a neighborhood library or tiny special district through those seeking employment with New York State itself, and every public sector setting in between. The civil service system in … Continued

Originally scheduled to take place in the fall of 2020, the LSGL Section will be celebrating its 75th (and 76th and 77th) anniversary at its fall meeting in Washington, D.C. on October 14-16, 2022. After more than three years of planning and postponements, I am happy (and relieved) that we are finally able to get … Continued

Case No. 1 When leaving a restaurant with her family, a town board member is struck by a town DPW vehicle. The town board member sues the town to recover monetary damages for her injuries. Case No. 2 A newly elected town supervisor sues the town to reverse unlawful personnel decisions made in the last … Continued

N.Y. Gen. Mun. Law § 801 (Conflicts of interest prohibited) is violated if three elements are established: (1) the existence of a “contract” with the municipality, (2) an “interest” (i.e., a benefit) accruing to an officer or employee of the municipality as a result of the contract, and (3) the “power or duty” of the … Continued

On May 18, 2022, a group of cooperative corporations, mixed-use building owners, and residents (“Plaintiffs”) filed a lawsuit against New York City (“City” or NYC), the Department of Buildings (DOB), and the DOB Commissioner in New York County Supreme Court seeking to annul Local Law 97 of 2019 (“Local Law 97”)—the centerpiece of the City’s … Continued

Since the publication of the first edition of Commercial Litigation in New York State Courts in 1995, this treatise has been recognized as the most outstanding work of its kind, comprising a unique compilation of New York law as it is applied in the commercial context. Over the ensuing years, the publication has been updated by periodic … Continued

As a result of the George Floyd incident and other police-related incidents, the New York State Legislature made a number of changes and additions to the New York State Executive Law that relate to law enforcement agencies.1 These provisions created an Office of Special Investigation (OSI) in the New York State Office of the Attorney … Continued

Introduction by Patricia Rau When I accepted a position with the Putnam County Personnel Department in the fall of 2020, people who knew me were confused. I was asked time and time again, “is that an attorney position?” People could not understand how I went from being a prosecutor in a courtroom to taking a … Continued