BenchNotes- September 2019

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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Human Rights

Discrimination based on citizenship status

A landlord was charged with violating the City Human Rights Law when she sent her tenant a series of hostile text messages and e-mails stating that the tenant was an illegal immigrant and threatening to contact immigration enforcement in response to the tenant’s failure to pay rent.

Comm'n on Human Rights ex rel. Ondaan v. Lysius, OATH Index No. 2801/18 (Sept. 12, 2019).

Read more about Comm'n on Human Rights ex rel. Ondaan v. Lysius

Personnel

ALJ recommends dismissal of disciplinary charges

A sewage treatment worker was charged with failure to make required checks at the treatment plant and neglect of duty by sleeping in his car.

Dep't of Environmental Protection v. Brennan, OATH Index No. 1451/19 (Sept. 12, 2019).

Read more about Dep't of Environmental Protection v. Brennan

Vehicle Retention

Return of seized car ordered

Petitioner, who seized respondent’s vehicle following his arrest for criminal possession of a weapon in the second degree, sought to retain the vehicle as the instrumentality of a crime.

Police Dep't v. Chase, OATH Index No. 354/20, mem. dec. (Sept. 4, 2019).

Read more about Police Dep't v. Chase

Licensing

License revocation recommended for repeated false or misleading filings

A master electrician was found to have negligently disregarded the electrical code, including repeatedly failing to send employees under his supervision to electrical inspections, failing to inspect electric signs and oversee installation, and allowing unsupervised non-employees to perform electrical work, and making material false or misleading statements in permit applications by allowing electrical work to be performed prior to issuance of electrical permits.

Dep’t of Buildings v. Covello, OATH Index No. 2290/18 (Sept. 3, 2019).

Read more about Dep’t of Buildings v. Covello

Practice and Procedure

Request to block publication denied

At the close of a disciplinary trial, a correction officer moved to prohibit publication of the OATH report and recommendation, citing to section 50-a of the Civil Rights Law, which required personnel records under the control of the Department of Correction be kept confidential.

Dep't of Correction v. Johnson, OATH Index No. 1663/19, mem. dec. (Sept. 12, 2019).

Read more about Dep't of Correction v. Johnson