BenchNOTES - May 2023

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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BenchNOTES Newsletter

Search Decisions

BenchNOTES Newsletter


BenchNOTES Newsletter

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OATH News

Job opportunities at OATH: OATH regularly posts employment opportunities on the NYC Jobs portal and on its website. View current openings.

OATH seeking new Contract Dispute Resolution Board panelists: The OATH Trials Division is seeking applications from qualified persons to serve on Contract Dispute Resolution Board panels. More details available here.

COVID-19 Update

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

Trials Division

Personnel

Suspension recommended for correction officer.

ALJ Kevin F. Casey recommended a 15-day suspension for a correction officer who failed to disclose his possession of a handgun.

Dep’t of Correction v. Anderson, OATH Index No. 1280/23 (Apr. 6, 2023).

Read more about Dep’t of Correction v. Anderson

Vehicle Seizure

Vehicle seized by NYPD ordered to be released.

ALJ Tiffany Hamilton ordered the release of a vehicle seized by the Police Department as an instrumentality of crime.

Police Dep’t v. Moore, OATH Index No. 2225/23, mem. dec. (March 30, 2023).

Read more about Police Dep’t v. Moore and other Vehicle Seizure cases

Worker Protection

Fine recommended for violation of Fair Workweek Law.

ALJ Astrid B. Gloade recommended a civil penalty of $126,500 against the owner and the manager of a fast-food store for violating the Fair Workweek Law.

Dep’t of Consumer and Worker Protection v. 557 Burger Corp., OATH Index No. 2384/19 (Apr. 21, 2023).

Read more about Dep’t of Consumer and Worker Protection v. 557 Burger Corp.

Contracts

Contractor’s claim for additional compensation denied.

The Contract Dispute Resolution Board, chaired by ALJ Orlando Rodriguez, denied a contractor’s claim for additional compensation due to its failure to keep daily records of the work performed, as required by the contract.

NSP Enterprises, Inc. v. Dep’t of Design & Construction, OATH Index No. 1524/22, mem. dec. (Apr. 24, 2023).

Read more about NSP Enterprises, Inc. v. Dep’t of Design & Construction

Appeals from the Hearings Division

An appeal decision affirmed a hearings decision dismissing two charges of excessive noise against an owner of a restaurant, where petitioner failed to demonstrate that the sound level readings were taken in compliance with the Administrative Code. DEP v. Serena Harlem LLC, Appeal No. 2201513 (April 27, 2023).

An appeal decision reversed a hearings decision sustaining a violation against a residential property owner for failing to properly store garbage receptacles. The issuing officer issued a summons after observing a garbage can on the sidewalk on a non-collection day. Respondent asserted that he had placed his garbage out for collection on the collection day, but petitioner failed to make the scheduled collection. As such, he was permitted to leave the garbage out for the next collection day. The hearing officer found that respondent failed to establish a missed pick-up defense because he did not show his garbage had been placed out timely for pickup. The appeal decision reversed, finding that respondent had established that his trash went out for collection on the scheduled collection day and he was not required to establish the specific time the garbage was placed out, only that it had been placed out for a missed collection. DSNY v. Huang Ai Lin, Appeal No. 2201581 (April 27, 2023).

An appeal decision affirmed a hearings decision dismissing a violation against a property owner for failing to comply with a Commissioner’s order. Petitioner alleged that respondent failed to comply with a summons to correct violating conditions and file a certificate of correction. The hearing officer dismissed the violation because the summons did not contain a copy of the Commissioner’s order. The appeal decision affirmed on the basis that the Administrative Code requires that each summons “contain an order of the [C]ommissioner.” DOB v. Markland 486 LLC, Appeal No. 2300069 (April 27, 2023).