BenchNotes- December 2017

Office of Administrative Trials and Hearings

Independent and Impartial Administrative Law Court


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Contracts

Extra work claim denied.

A contractor filed claims arising out of a contract to clean and rehabilitate the High Bridge, a stone bridge over the Harlem River.

Schiavone Constr. Co., LLC v. Dep't of Design and Constr., OATH Index No. 2251/17, mem. dec. (Dec. 15, 2017).

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Licensing

Client of lobbyist fined.

Any client who retains a lobbyist for an amount in excess of $5,000 must file a termination notice with the City Clerk's office within thirty days after the lobbyist ceases activity on behalf of the client.

Office of the City Clerk v. Javar Corp., OATH Index 1105/18 (Dec. 28, 2017), adopted, City Clerk's Dec. (Jan. 16, 2018).

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Personnel

False statement charge dismissed.

The Department of Correction ("DOC") charged a captain with submitting a false use of force report.

Dep't of Correction v. Frederick, OATH Index No. 1988/17 (Dec. 5, 2017).

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Real Property

Denial of variance upheld.

An owner of a property within the New York City Watershed sought to build a three-bedroom, single-family home, with a septic system.

Zappico Construction, LLC v. Dep't of Environmental Protection, OATH Index No. 523/18 (Dec. 6, 2017), adopted, Comm'r Dec. (Dec. 21, 2017).

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Vehicle Retention

Police Department may retain seized car.

A car was seized following the owner's arrest for driving while under the influence of alcohol and/or drugs, reckless driving, unlawful possession of marijuana and driving onto a public sidewalk.

Police Dep't v. Santana, OATH Index No. 1117/18, mem. dec. (Dec. 8, 2017).

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