' 1-22 The Petition.

Sufficiency of the Petition

STANDARD

The purpose of administrative pleadings is notice, not jurisdiction, and a petition is sufficient if it affords notice of the matters to be adjudicated. Dep't of Buildings v. Owner, Occupants and Mortgagees of 31 West 11th Street, Apartments 6A and 6B, New York, OATH Index No. 990/94 (Aug. 26, 1994).

Pleadings do not serve a jurisdictional purpose in administrative proceedings, only a notice-giving function. Dep't of Buildings v. 2837-39 Decatur Avenue, Bronx, New York, OATH Index No. 349/94 (Jan. 10, 1994).

FORM

A petition need not be verified. Dep't of Buildings v. 232 Mount Hope Place, Bronx, New York, OATH Index No. 1207/94 (Oct. 28, 1994).

This section does not require any particular form of designation of parties, and does not refer to a caption. Therefore, the petition's reference to the premises in the caption and listing of the respondents below the caption is a matter purely of style, not of substance, and the listing of "occupants" rather than the names of the occupants is a reasonably precise description which the movant had no trouble recognizing as applying to her. Dep't of Buildings v. Owner, Occupants and Mortgagees of 31 West 11th Street, Apartments 6A and 6B, New York, OATH Index No. 990/94 (Aug. 26, 1994).

CONTENT

A petition that alleged that the respondent engaged in hugging and kissing a student over a period of several months was not inadequately specific pursuant to this section, because the petition alleged continuing conduct over the time period alleged, and because material produced to the respondent during pre-trial discovery revealed that the petitioner's evidence included an allegation that the respondent had engaged in the hugging and kissing approximately every other day during the time period at issue. Bd. of Education v. Blackson, OATH Index No. 1715/97 (Dec. 10, 1997).

Where the petition erroneously alleged that the date of occurrence was one day before that stated in all other documentation, notice to the respondent of the petitioner's claim was sufficient, and the respondent was afforded an adequate opportunity to prepare a defense. Dep't of Correction v. Cross, OATH Index No. 1109/95 (Aug. 9, 1995).

Although it is the better practice that the petition specify the rule allegedly violated by the respondent, failure to cite the rule is not fatal to the petition where the respondent was not prejudiced by the failure. Health and Hospitals Corp. (Harlem Hospital) v. Case, OATH Index No. 595/95 (Apr. 6, 1995).

Where the petition alleged that the respondent was absent from her job without leave "since" a stated date, and where the trial evidence showed that the respondent's absence without leave was ongoing as of the time of trial, the petition adequately pleaded a continuous period of absence without leave beginning on the stated date and continuing until the time of trial. Health and Hospitals Corp. (Harlem Hospital) v. Case, OATH Index No. 595/95 (Apr. 6, 1995).

A petition alleging commercial use of premises in a residential zone need not plead the non-existence of a legal non-conforming use, because the doctrine of prior non-conforming use is an affirmative defense. Dep't of Buildings v. 232 Mount Hope Place, Bronx, New York, OATH Index No. 1207/94 (Oct. 28, 1994).

A petition that alleged that the respondents made false statements during investigative interviews that concerned a single incident gave adequate notice to the respondents of the misconduct alleged. Police Dep't v. Combs, OATH Index Nos. 1073/91, 422/92 (July 7, 1992).

Jurisdiction

RIGHT TO A HEARING

As a threshold matter, the party filing a petition must possess the right to an administrative hearing pursuant to statute, rule, collective bargaining agreement or other legal provision. Petitioner, a base station licensee whose license had been suspended prior to hearing, filed a petition requesting a hearing and seeking termination of the pre-hearing suspension imposed by the Taxi and Limousine Commission. Although the petition meets the requirements of this rule - it alleges a wrong and asserts a claim to relief - the Commission’s motion to dismiss was granted because there is no law or regulation which requires an administrative hearing when a licensee seeks termination of a pre-hearing suspension. Haven Car Service Corp. v. Taxi and Limousine Comm’n, OATH Index No. 994/98, mem. dec. (Feb. 9, 1998).

Under section 17-346(a) of the NYC Administrative Code, the Dangerous Dog Regulation and Protection Law, a dog previously determined to be dangerous may be immediately impounded if its owner is found in violation of a previous order of the Commissioner. Under section 17-346(b), the owner may request a hearing to determine whether the dog should be returned to his or her custody. Dep’t of Health v. Yosupov, OATH Index No. 1551/98 (July 23, 1998).