BenchNotes - November 2017

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


BenchNOTES Newsletter

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BenchNOTES Newsletter

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BenchNOTES Newsletter


BenchNOTES Newsletter

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Licensing

ALJ recommends revocation of master plumber’s license.

A licensed master plumber and fire suppression piping contractor was charged with negligence, incompetence, lack of knowledge or disregard of the laws, and submitting a false or misleading statement to the Department of Buildings.

Dep’t of Buildings v. Harvey, OATH Index No. 214/17 (Nov. 29, 2017), adopted, Comm’r Dec. (Nov. 30, 2017).

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Personnel

Captain charged with excessive force against inmate.

A captain was charged with excessive use of force following an incident in which she struck an inmate in the head and face area.

Dep’t of Correction v. Rothwell, OATH Index No. 1963/17 (Nov. 3, 2017).

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Vehicle Retention

Police Department may retain seized car.

ALJ Kara J. Miller found that the Police Department could retain a vehicle seized from respondent following his arrest for reckless endangerment, using emergency lights and a siren on his personal vehicle, fleeing an officer, and possession of a forged instrument.

Police Dep’t v. Teich, OATH Index No. 1034/18, mem. dec. (Nov. 21, 2017).

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Real Property

Loft tenants allege rent overcharge.

Three tenants of an interim multiple dwelling in Brooklyn sought protected occupancy status and rent adjustments under the Loft Law.

Matter of Tenants of 151 Kent Avenue, Brooklyn, OATH Index Nos. 532/17, 533/17 (Nov. 22, 2017).

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Campaign Finance

ALJ dismisses charge that candidate received illegal contributions.

The Campaign Finance Board sought repayment of $13,350 in matched public funds because respondents, including a candidate who ran for New York City Council in 2013 and his campaign committee, received contributions in violation of the law.

Campaign Finance Bd. v. Oberman, OATH Index No. 2519/17 (Nov. 21, 2017).

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Contracts

CDRB denies extra work claim.

A contractor sought $2.04 million in compensation for alleged extra work on the Williamsburg Bus Plaza in Brooklyn, pursuant to a contract with the City Department of Design and Construction (DDC).

HASA Construction, LLC v. Dep’t of Design & Construction, OATH Index No. 1419/17, mem. dec. (Nov. 29, 2017).

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