BenchNotes- April 2019

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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Personnel

Correction officer cleared of charges.

A correction officer was charged with using excessive force and submitting a false report concerning force used by officers in subduing a group of inmates.

Dep’t of Correction v. Smith, OATH Index No. 1001/19 (Apr. 2, 2019).

Read more about Dep’t of Correction v. Smith

Human Rights

Restaurants refused to allow service dogs.

Respondents, restaurant owners, were charged with violating the City Human Rights Law by twice refusing to serve persons accompanied by service dogs.

Comm’n on Human Rights ex rel. Goldstein v. Limon Jungle, OATH Index No. 862/19 (Apr. 22, 2019).

Read more about Comm’n on Human Rights ex rel. Goldstein v. Limon Jungle

Vehicle Retention

ALJ orders car returned to owner.

The Police Department seized a vehicle in connection with the owner’s arrest.

Police Dep’t v. Brandon, OATH Index No. 2062/19, mem. dec. (Apr. 17, 2019).

Read more about Police Dep’t v. Brandon

Licensing

Drug test innocent ingestion not shown.

A licensed taxi driver who was charged with testing positive for marijuana raised the affirmative defense of unknowing ingestion.

Taxi & Limousine Comm’n v. Jalloh, OATH Index No. 1194/19 (Apr. 9, 2019).

Read more about Taxi & Limousine Comm’n v. Jalloh