BenchNOTES - September 2018

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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BenchNOTES Newsletter


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Consumer Protection

Immigration services provider fined $38,950 for deceptive practices.

Respondents, a not-for-profit corporation and its president who represented individuals in immigration-related matters for a fee, were charged with violations of the New York City Consumer Protection Law and the laws and rules governing immigration assistance services.

Dep’t of Consumer Affairs v. A New Beginning for Immigrants Rights, Inc., et al. , OATH Index No. 2644/17, mem. dec. (Sept. 17, 2018)

Read more about Dep’t of Consumer Affairs v. A New Beginning for Immigrants Rights, Inc.

Real Property

SRO building owner harassed tenants.

ALJ John B. Spooner recommended denial of an SRO owner’s application for certificate of no harassment.

Dep’t of Housing Preservation & Development v. Simpson, OATH Index No. 2062/18 (Sept. 5, 2018), adopted, Comm’r Dec. (Sept. 24, 2018)

Read more about Dep’t of Housing Preservation & Development v. Simpson

Contracts

Claims for extra compensation denied.

Petitioner entered into a $1,861,075.96 contract with the Department of Parks and Recreation ("DPR") to reconstruct the perimeter sidewalks around Washington Square Park in Manhattan. Petitioner appealed DPR Commissioner’s denial of three proposed change orders seeking $33,956.31 in additional compensation.

SH5 Construction Corp. v. Dep’t Parks & Recreation , OATH Index Nos. 1766/18 & 2111/18, mem. dec. (Sept. 6, 2018)

Read more about SH5 Construction Corp. v. Dep’t Parks & Recreation

Licensing

Sample tampering charge dismissed.

At a fitness proceeding, Taxi and Limousine Commission alleged that respondent was unfit to retain his TLC driver license because his drug test was deemed adulterated.

Taxi & Limousine Comm’n v. Noboa, OATH Index No. 138/19 (Sept. 6, 2018)

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