BenchNotes - June 2020

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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BenchNOTES Newsletter


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Trials Division – COVID-19 Update

COVID-19 Update

Pursuant to an order of the Chief Administrative Law Judge, all conferences and trials before the OATH Trials Division are being conducted by telephone or video conference call, except that a conference or trial may be conducted in-person if the assigned Administrative Law Judge determines that there is a compelling need for an in-person proceeding and the proceeding can be conducted while providing sufficient social distancing and other public health protections to comply with state and local government public health guidelines. Parties with questions or concerns about scheduling and phone and video-conferencing should email OATHCalunit@oath.nyc.gov and continue to check the OATH website at nyc.gov/oath for more information and updates.

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Personnel

Reports which omitted use of force were incomplete.

Three correction officers were charged with submitting false or misleading reports concerning retaliatory force used by a captain against an inmate in a bathroom.

Dep’t of Correction v. Royster, OATH Index Nos. 156/20, 157/20, 460/20 (June 26, 2020).

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Licensing

Taxi driver refused service to rider.

A Taxi & Limousine Commission (“TLC”) driver was found to have refused to transport a passenger without justification, told the passenger that the refusal was because of her race, harassed her, and hit her when she recorded him using her cell phone camera.

Taxi & Limousine Comm’n v. Saleem, OATH Index No. 976/20 (June 4, 2020), adopted, Comm’r Dec. (June 16, 2020).

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