BenchNOTES - June 2017

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


BenchNOTES Newsletter

Search Decisions
BenchNOTES Newsletter

Search Decisions

BenchNOTES Newsletter


BenchNOTES Newsletter

Register to receive the BenchNOTES Newsletter each month by email.

View the BenchNOTES Archives

Licensing

Taxi driver’s comments to passenger were sanctionable.

In default proceeding, Petitioner proved that respondent acted against the best interest of the public when he made comments to a passenger about refugees, immigrants, and Muslims.

Taxi and Limousine Comm'n v. Maehle, OATH Index No. 1983/17 (June 8, 2017).

Read more

Campaign Finance

ALJ recommends $996 fine.

Campaign Finance Board alleged that City Council candidate violated the City Campaign Finance Act by accepting over-the-limit contributions from individuals doing business with the City, accepting contributions from a limited liability company, failing to properly report intermediaries, making a cash expenditure over $100, and filing a late response to a document request.

Campaign Finance Board v. Weprin, OATH Index No. 965/17 (June 22, 2017).

Read more

Human Rights

OATH has jurisdiction over discriminatory harassment claims brought under HRL.

Petitioner alleged that respondents engaged in discriminatory harassment against their neighbor’s son based on his disability and retaliated against the neighbors for filing a complaint with the New York City Commission on Human Rights.

Comm'n on Human Rights ex rel. Palesano v. Kilbane, OATH Index No. 1225/17 & 1228/17 (June 28, 2017).

Read more

Contracts

No requirement HCRA funds be spent in year allocated.

Health care provider challenged recoupment of funds because they were not spent within year of allocation. Under the Public Health Law, the agency’s ability to recoup funds allocated under the Health Care Reform Act derives from its authority to recoup Medicaid funds on behalf of the State.

N.Y Health Care, Inc v. Human Resources Admin., OATH Index No. 235/17, mem. dec. (June 26, 2017).

Read more

Personnel

Correction officer used improper force against inmate.

Correction officer used unauthorized force when he dispersed a chemical agent for more than a two-second burst within six feet of an inmate who had ceased offering resistance and filed an incomplete and inaccurate use of force report.

Dep't of Correction v. Mohr, OATH Index No. 724/17 (June 9, 2017).

Read more