Rosenthal v State of New York

Holding The court held that a whistleblower retaliation claim under Civil Service Law § 75-b may be based on a government’s passive inaction rather than affirmative misconduct, reversing the dismissal of that claim. The court affirmed the dismissal of the defamation claim as untimely and the due process claim due to the availability of adequate alternative remedies.

The court’s words

we now hold that government action, whether passive inaction or an affirmative step taken, may support a Civil Service Law § 75-b claim

2026 NY Slip Op 06504, at the official text

we find that she had several adequate alternative remedies in which to raise her constitutional due process claim

2026 NY Slip Op 06504, at the official text

claimant's CPLR article 78 petition failed to adequately apprise defendant of the possibility that an action for defamation would be brought

2026 NY Slip Op 06504, at the official text

we conclude that claimant sufficiently alleged a cause of action for a whistleblower retaliation claim pursuant to Civil Service Law § 75-b (2) (a)

2026 NY Slip Op 06504, at the official text