ROSENBLUM v. NYC CONFLICTS BD

No. 27.

18 N.Y.3d 422 (2012)

964 N.E.2d 1010

2012 NY Slip Op 854

In the Matter of STEPHEN ROSENBLUM, Respondent, v. NEW YORK CITY CONFLICTS OF INTEREST BOARD et al., Appellants.

Court of Appeals of New York.

Decided February 9, 2012.


Attorney(s) appearing for the Case

Michael A. Cardozo , Corporation Counsel, New York City ( Stephen J. McGrath , Andrea J. Berger , Spencer Fisher and Susan B. Eisner of counsel), for appellants.

Bruce K. Bryant , Brooklyn, David N. Grandwetter and Charity M. Guerra for respondent.

Richard E. Casagrande , New York City and Keith J. Gross for New York State United Teachers, amicus curiae.

Paul Hastings LLP, New York City ( Douglas Koff of counsel) and Jeremy Feigelson for Association of the Bar of the City of New York, amicus curiae.

Proskauer Rose LLP, New York City ( Peter J.W. Sherwin , Matthew J. Morris and Justin M. Collins of counsel), for Citizens Union, amicus curiae.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO and PIGOTT concur with Judge READ; Judge SMITH dissents in a separate opinion in which Judge JONES concurs.


OPINION OF THE COURT

READ, J.

We hold that the Conflicts of Interest Board of the City of New York (the Board or COIB) is authorized to enforce the Conflicts of Interest Law (NY City Charter §§ 2600-2607) against a public servant who is subject to discipline under §§ 3020 and 3020-a of the Education Law. As a result, the lower courts improperly prohibited respondents COIB and the City...

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