BenchNotes- June 2019

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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Personnel

Deputy improperly designated employees.

A former Deputy Commissioner and staff analyst was charged with inaccurately designating 30 agency employees as performing exclusively Medicaid work.

Dep’t of Social Services (Human Resources Admin.) v. Colon, OATH Index No. 1236/19 (June 13, 2019).

Read more about Dep’t of Social Services (Human Resources Admin.) v. Colon

Vehicle Retention

ALJ orders return of seized car.

The Police Department sought to retain a car seized in connection with the owner’s arrest.

Police Dep’t v. Coulanges, Index No. 2494/19, mem. dec. (June 14, 2019).

Read more about Police Dep’t v. Coulanges

Human Rights

Pre-trial motion to dismiss denied.

The management agent of a housing development moved pre-trial to dismiss a discrimination claim on the ground that it was not a proper party.

Comm’n on Human Rights ex rel. Bryant v. Shinda Management Corp., OATH Index No. 1400/19, mem. dec. (June 13, 2019).

Read more about Comm’n on Human Rights ex rel. Bryant v. Shinda Management Corp.

Licensing

Grant of marriage license recommended.

The City Clerk denied a marriage license application after discovering a license had been issued in 1996 to an individual using the same name and birth date as the applicant.

Office of the City Clerk v. Orona, OATH Index No. 1401/19 (June 6, 2019).

Read more about Office of the City Clerk v. Orona

Contracts

CDRB denies claim as time-barred and waived.

A contractor who was engaged to install main sewer pump upgrades and controls and piping replacements at a wastewater treatment plant, sought an additional $198,048 in compensation after respondent insisted that oil-lubricated motors be used instead of grease-lubricated motors.

Picone-Schiavone Bowery Bay v. Dep’t of Environmental Protection, OATH Index No. 140/19, mem. dec. (June 3, 2019).

Read more about Picone-Schiavone Bowery Bay v. Dep’t of Environmental Protection