BenchNOTES -June 2023

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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BenchNOTES Newsletter

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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.

Trials Division

Personnel

Termination of employment recommended for correction officer.

ALJ Astrid B. Gloade recommended termination of employment for a correction officer who retaliated against an incarcerated person.

Dep’t of Correction v. Merilus, OATH Index No. 1821/23 (May 2, 2023).

Read more about Dep’t of Correction v. Merilus

Licensing

Lifting of suspension recommended for taxi driver.

ALJ Astrid B. Gloade recommended lifting the suspension of a taxi driver arrested for attempted criminal possession of a controlled substance.

Taxi & Limousine Comm’n v. Almasoodi, OATH Index No. 2897/23 (May 8, 2023), adopted, Comm’r Dec. (May 18, 2023).

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

Worker Protection

Contractor failed to pay prevailing wages.

ALJ Faye Lewis recommended payment of restitution, a 25% civil penalty, and a five-year debarment for a contractor who willfully failed to pay prevailing wages and supplemental benefits to two workers on public works projects.

Office of the Comptroller v. Charan Electrical Enterprises, Inc. & Deol, OATH Index No. 2174/21 (May 16, 2023).

Read more about Office of the Comptroller v. Charan Electrical Enterprises, Inc. & Deol

Contracts

Contractor’s claim for additional compensation denied.

The Contract Dispute Resolution Board, chaired by ALJ Faye Lewis, denied a contractor’s claim for anticipated profits.

Judlau Contracting, Inc. v. Dep’t of Transportation, OATH Index No. 1560/22, mem. dec. (May 17, 2023).

Read more about Judlau Contracting, Inc. v. Dep’t of Transportation

Appeals from the Hearings Division

An appeal decision affirmed in part and reversed in part a hearings decision sustaining various health code violations against a restaurant. The decision reversed violations for unclean equipment, finding respondent credibly explained that the equipment had been encrusted with food debris because they were recently used during lunch service. However, the decision sustained other violations, including a violation for employees eating in food preparation areas. The decision found the health code only permits employees to consume food in designated dining areas to avoid contamination in food preparation areas. DOHMH v. Yuca Bar and Rest Inc., Appeal No. 13083-22F1 (May 31, 2023).

An appeal decision affirmed a hearings decision dismissing a violation against the owner of a taxicab medallion for failing to make Taxi Improvement Fund payments, finding that the summons did not provide adequate notice because it failed to provide respondent with notice of the essential facts of the violations. TLC v. Afzal Azeez, Appeal No. TIF018460 (May 25, 2023).

An appeal decision affirmed a hearings decision sustaining building code violations against the owner of a residential property for altering a residence to be occupied by more than the legally approved number of families. The issuing officer visited the apartment, found three occupied rooms with key-locking devices, and issued a violation for each of the three rooms. The decision rejected respondent’s argument that the apartment was occupied by a single extended family, finding that the key-locking devices indicated lack of common access and established a rebuttable presumption that no common household exists, which respondent failed to refute. DOB v. 561 W 144 Realty LLC, Appeal No. 2300112 (May 25, 2023).