BenchNotes - November 2021

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


BenchNOTES Newsletter

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BenchNOTES Newsletter

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BenchNOTES Newsletter


BenchNOTES Newsletter

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OATH News

OATH and DFTA launch Senior Help program: On October 13, Commissioner and Chief Administrative Law Judge Joni Kletter and New York City Department for the Aging Commissioner Lorraine Cortes-Vasquez addressed a convening of senior center providers to announce the new OATH Senior Help program.

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COVID-19 Update

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

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Trials Division

Personnel

Officer sent sexually explicit messages to purported underaged female.

ALJ Noel R. Garcia recommended termination of employment for a Department of Homeless Services Special Officer who sent sexually explicit messages to a person who purported to be a 14-year old female and who attempted to meet her to engage in sexual relations.

Dep’t of Social Services (Dep’t of Homeless Services) v. Castro, OATH Index No. 1746/21 (Sept. 27, 2021).

Read more about Dep’t of Social Services (Dep’t of Homeless Services) v. Castro

Licensing

Suspension of licenses recommended.

ALJ Astrid B. Gloade recommended the Department of Buildings suspend a licensee’s general contractor and construction superintendent licenses for two years.

Dep’t of Buildings v. Xu, OATH Index No. 1179/20 (Sept. 24, 2021).

Read more about Dep’t of Buildings v. Xu

Appeals Division decisions
(appeals from the Hearings Division)

The Appeals Division affirmed a $1000 fine for non-compliance with Commissioner’s COVID-19 order.

The Appeals Division affirmed a decision finding that an individual had failed to comply with the Health Commissioner’s COVID-19 order to quarantine upon his return from North Carolina to New York City after attending his grandfather’s funeral.

DOHMH v. Stephon Snell, Appeal No. 2100581 (September 23, 2021)

Read more about DOHMH v. Stephon Snell, Appeal No. 2100581 (September 23, 2021).