New York Consolidated Laws

N.Y. Public Officers Law § 74 (2026)

Code of ethics

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 74. Code of ethics. 1. Definition. As used in this section: The term
"state agency" shall mean any state department, or division, board,
commission, or bureau of any state department or any public benefit
corporation or public authority at least one of whose members is
appointed by the governor or corporations closely affiliated with
specific state agencies as defined by paragraph (d) of subdivision five
of section fifty-three-a of the state finance law or their successors.
  The term "legislative employee" shall mean any officer or employee of
the legislature but it shall not include members of the legislature.
  2. Rule with respect to conflicts of interest. No officer or employee
of a state agency, member of the legislature or legislative employee
should have any interest, financial or otherwise, direct or indirect, or
engage in any business or transaction or professional activity or incur
any obligation of any nature, which is in substantial conflict with the
proper discharge of his or her duties in the public interest.
  3. Standards.
  a. No officer or employee of a state agency, member of the legislature
or legislative employee should accept other employment which will impair
his or her independence of judgment in the exercise of his or her
official duties.
  b. No officer or employee of a state agency, member of the legislature
or legislative employee should accept employment or engage in any
business or professional activity which will require him or her to
disclose confidential information which he or she has gained by reason
of his or her official position or authority.
  c. No officer or employee of a state agency, member of the legislature
or legislative employee should disclose confidential information
acquired by him or her in the course of his or her official duties nor
use such information to further his or her personal interests.
  d. No officer or employee of a state agency, member of the legislature
or legislative employee should use or attempt to use his or her official
position to secure unwarranted privileges or exemptions for himself or
herself or others, including but not limited to, the misappropriation to
himself, herself or to others of the property, services or other
resources of the state for private business or other compensated
non-governmental purposes.
  e. No officer or employee of a state agency, member of the legislature
or legislative employee should engage in any transaction as
representative or agent of the state with any business entity in which
he or she has a direct or indirect financial interest that might
reasonably tend to conflict with the proper discharge of his or her
official duties.
  f. An officer or employee of a state agency, member of the legislature
or legislative employee should not by his or her conduct give reasonable
basis for the impression that any person can improperly influence him or
her or unduly enjoy his or her favor in the performance of his or her
official duties, or that he or she is affected by the kinship, rank,
position or influence of any party or person.
  g. An officer or employee of a state agency should abstain from making
personnel investments in enterprises which he or she has reason to
believe may be directly involved in decisions to be made by him or her
or which will otherwise create substantial conflict between his or her
duty in the public interest and his or her private interest.
  h. An officer or employee of a state agency, member of the legislature
or legislative employee should endeavor to pursue a course of conduct
which will not raise suspicion among the public that he or she is likely
to be engaged in acts that are in violation of his or her trust.
  i. No officer or employee of a state agency employed on a full-time
basis nor any firm or association of which such an officer or employee
is a member nor corporation a substantial portion of the stock of which
is owned or controlled directly or indirectly by such officer or
employee, should sell goods or services to any person, firm, corporation
or association which is licensed or whose rates are fixed by the state
agency in which such officer or employee serves or is employed.
  4. Violations. In addition to any penalty contained in any other
provision of law any such officer, member or employee who shall
knowingly and intentionally violate any of the provisions of this
section may be fined, suspended or removed from office or employment in
the manner provided by law. Any such individual who knowingly and
intentionally violates the provisions of paragraph b, c, d or i of
subdivision three of this section shall be subject to a civil penalty in
an amount not to exceed ten thousand dollars and the value of any gift,
compensation or benefit received as a result of such violation. Any such
individual who knowingly and intentionally violates the provisions of
paragraph a, e or g of subdivision three of this section shall be
subject to a civil penalty in an amount not to exceed the value of any
gift, compensation or benefit received as a result of such violation.
Notes of Decisions
Cited in 27 cases (4 in the last 5 years), 1985–2025 · leading case: In re the Arbitration Between Virginia Livermore-Johnson & New York State Dep't of Corr. & Cmty. Supervision, 155 A.D.3d 1391 (N.Y. App. Div. 3d Dep't 2017).
In re the Arbitration Between Virginia Livermore-Johnson & New York State Dep't of Corr. & Cmty. Supervision, 155 A.D.3d 1391 (N.Y. App. Div. 3d Dep't 2017). · cites it 2× “should disclose confidential information acquired by him or her in the course of his or her official duties nor use such information to further his or her personal interests.”
Spence v. New York State Dep't of Agric. & Markets, 154 A.D.3d 1234 (N.Y. App. Div. 3d Dep't 2017). · cites it 2× “Kulzer thereafter appealed the Department’s determination to respondent Commissioner of Agriculture and Markets and, in September 2014, the Commissioner upheld the disapproval on the ground that, among other things, Kulzer’s outside activities created the appearance of a…”
Matter of Klein v. New York State Jt. Commn. on Pub. Ethics, 214 A.D.3d 1096 (N.Y. App. Div. 3d Dep't 2023). · cites it 4× “Respondent commenced an investigation as to whether petitioner, a former state senator, violated Public Officers Law § 74. A Hearing Officer rejected petitioner's procedural objections but nonetheless recommended dismissing the matter on the basis that Public Officers Law § 74…”
Flynn v. State Ethics Comm'n, 661 N.E.2d 991 (N.Y. 1995). · cites it 2× “Additionally, Flynn was accused of violating Public Officers Law § 74 (3) CO, in that accepting the free admission while ultimately bearing responsibility for the approval of leases of the Armory resulted in an "impression that any person can improperly influence him or unduly…”
Cuomo v. New York State Commn. on Ethics & Lobbying in Govt., 271 N.E.3d 227 (N.Y. 2025). · cites it 4× “In 2021, JCOPE notified plaintiff that he may have violated Public Officers Law § 74 (3) (a), (b), (c), (d), and (h), by "abus[ing] [his] State position for personal benefit, including but not limited to utilizing State property, personnel or other resources of the State for…”
Kastoff v. New York State Dep't of Soc. Servs., 195 A.D.2d 808 (N.Y. App. Div. 3d Dep't 1993). · cites it 4× “Petitioner’s conduct in this matter is governed by Public Officers Law § 74 and the relevant DSS guidelines.”
Speers v. New York State Ethics Comm'n, 209 A.D.2d 919 (N.Y. App. Div. 1994). · cites it 3× “Following petitioner’s appointment to the City of Buffalo Water Board, OSC sought an advisory opinion from respondent New York State Ethics Commission (hereinafter SEC) regarding whether petitioner’s service on the Water Board violated Public Officers Law § 74. The SEC…”
Meola v. Assessor of Colonie, 207 A.D.2d 593 (N.Y. App. Div. 3d Dep't 1994). “Meola’s law firm does not constitute a conflict of interest within the meaning of the Public Officers Law (see, Public Officers Law § 74 [2]). *595 Mercure, J.”
Rudder v. Pataki, 246 A.D.2d 183 (N.Y. App. Div. 3d Dep't 1998). “1 merely implemented the provisions of Public Officers Law § 74, the Court held that the order “is not an implementation of section 74; it is a nullification of it—a nullification, however benevolent in purpose, without benefit of legislative action” (id.”
Agosh v. Town of Cicero Bd. of Assessment Review, 150 Misc. 2d 756 (N.Y. Sup. Ct. 1991). · cites it 2× “There being no express definition of the phrase "conflict of interest” in the statute referred to, petitioners point to sections that bar a public employee from accepting other employment that will impair his independence of judgment in the performance of his official duties…”
Davidson v. Oregon Gov't Ethics Comm'n, 702 P.2d 417 (Or. Ct. App. 1985). · cites it 2× “313 (3) (1973); N.Y. Public Officers Law § 74 (3)(d) (McKinney Supp 1984); Pa.”
Spence v. N.Y.S. Dep't of Agric. & Mkts., 111 N.E.3d 307 (N.Y. 2018). · cites it 2× “1 ; NY Public Officer Law § 74 ). Persons violating those types of rules face disciplinary proceedings and criminal prosecution (for example, Sheldon Silver, the former Speaker of the State Assembly, and Dean Skelos, the former State Senate majority leader, were charged with…”
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