BenchNotes - January 2022

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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OATH News

Former Mayor de Blasio signed special education executive order: On December 27, former Mayor de Blasio signed an executive order to assign OATH jurisdiction to adjudicate special education impartial hearings, following the agreement between OATH, the NYC Department of Education, and the NYS Education Department in early December.

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COVID-19 Update

Pursuant to an order of the Chief Administrative Law Judge, hearings, trials, and other OATH operations are being conducted by telephone, videoconferencing, online, or mail, and in-person appearances are also available. For more information, visit OATH’s website at www.nyc.gov/oath.

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Trials Division

Featured agency decision

Fine imposed for use of fake City parking placards.

The Conflicts of Interest Board adopted in full ALJ Susan J. Pogoda’s recommendation that a former Special Officer with the NYC Health and Hospitals Corporation North Central Bronx Hospital receive a $2,500 fine for using fake City parking placards.

Conflicts of Interest Board v. Aponte, OATH Index No. 2218/20 (June 10, 2021), adopted, COIB Case No. 2018-108b (Nov. 23, 2021).

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Personnel

Correction officer’s use of chemical agent found improper.

ALJ Faye Lewis recommended a ten-day suspension for a correction officer who discharged chemical spray at an inmate in the absence of exigent circumstances without first using other de-escalation techniques.

Dep’t of Correction v. Estevez, OATH Index Nos. 1568/21 & 1569/21 (Nov. 3, 2021).

Read more about Dep’t of Correction v. Estevez

Licensing

Lifting of taxi license suspension recommended.

ALJ Noel R. Garcia recommended lifting the suspension of a driver’s TLC license.

Taxi & Limousine Comm’n v. Mamun, OATH Index No. 769/22 (Nov. 17, 2021).

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

Vehicle Retention

ALJ orders return of seized vehicle.

ALJ Julia H. Lee ordered the NYPD to release a car that it seized as the alleged instrumentality of a crime.

Police Dep’t v. Ridges, OATH Index No. 661/22, mem. dec. (Nov. 3, 2021).

Read more about Police Dep’t v. Ridges

Appeals Division decisions
(appeals from the Hearings Division)

Recycling violation reversed on appeal.

The Appeals Division reversed a hearing officer’s decision that had found a building owner liable for a recycling violation as a repeat offender.

Dep’t of Sanitation v. 51 Buchanan Associates LLC, Appeal No. 2100929 (November 18, 2021).

Read more about Dep’t of Sanitation v. 51 Buchanan Associates LLC, Appeal No. 2100929 (November 18, 2021).