Legal Opinion

Gormley v. New York State Ethics Commission

New York Court of Appeals

Decided November 24, 2008PublishedCited by 2 opinions

POINTS OF COUNSEL

1Opinion of the Court

OPINION OF THE COURT

Jones, J.

The issue before this Court is whether imposition of a civil penalty under Public Officers Law § 73 (18) required the New York State Ethics Commission to prove that petitioner knew the conduct was prohibited and acted intentionally to violate the statute. We conclude that the Commission was not required to make such a showing.

Petitioner worked for the New York State Department of Health (DOH) from 1973 to 1995. During petitioner’s 22-year tenure, he held various senior management positions and served as executive director of a project that developed and…

2Cases cited6 opinions

  1. Liparota v. United StatesSupreme Court of the United States · 1985
  2. Bryan v. United StatesSupreme Court of the United States · 1998
  3. Arthur Andersen LLP v. United StatesSupreme Court of the United States · 2005
  4. Nazareth Home of the Franciscan Sisters v. NovelloNew York Court of Appeals · 2006
  5. People v. CoeNew York Court of Appeals · 1988

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3Cited by2 opinions

  1. People v. ReyesAppellate Division of the Supreme Court of the State of New York · 2010
  2. E.M. v. Conifer LLCIthaca City Court · 2024

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