When a taxi medallion owner seeks to sell a medallion, by law, the Taxi and Limousine Commission must be satisfied that the seller has sufficient insurance and security to cover existing tort obligations that it may reasonably be expected to pay. Where there is a dispute whether liability insurance will be sufficient to cover the amount of tort damages, a hearing is held to determine whether funds from the medallion sale should be held in escrow. In the first such matter at OATH, ALJ Ingrid Addison noted the narrow focus of the hearings and declined to conduct an exhaustive inquiry into liability. Though the ALJ found the petitioners’ economic loss did not exceed respondent’s liability coverage, it was possible that some of their injuries qualified as serious injuries, which could lead to significantly larger awards. As such, the ALJ found petitioner’s request that $150,000 be placed in escrow to be reasonable. Hawthorne v. Jo Vin Hacking Corp., OATH Index No. 3396/09, mem. dec. (Oct. 21, 2009).

In a Loft Law proceeding, the building owner failed to prove abandonment. The evidence showed that the protected occupants provided notice of their intent to move out and received compensation for their improvements. ALJ Kara Miller found that these circumstances were more akin to a turnover in tenancy than an abandonment and thus recommended the Loft Board deny the abandonment application and that the unit remained subject to rent regulation. 285 Lafayette Street Condominium, OATH Index No. 2738/09 (Oct. 16, 2009).

ALJ Alessandra Zorgniotti found that a prior stipulation withdrawing Loft Law coverage applications did not bar tenants' subsequent overcharge applications. Nothing in the stipulation suggested that the tenants were waiving their rights and the evidence established that they intended to preserve their claims. Thus, the ALJ determined that the overcharges should be calculated from their initial filing. 51, 53, & 55 West 28th Street, OATH Index Nos. 2408/09, 2734/09 & 2735/09 (Oct. 27, 2009).

ALJ Joan Salzman recommended an order of closure for a yard that was being used as a commercial parking lot, truck depot, and junkyard and located in a residential zoning district. Though respondent argued that his use was a prior non-conforming use, ALJ Salzman found that the use had never been legal, citing the fact that it violated the certificate of occupancy. ALJ Salzman also noted that respondent had produced no evidence to show where on the lot the disputed uses took place despite the fact that the old zoning law had only allowed such manufacturing uses on a portion of the lot. Dep't of Buildings v. 527 East 86th Street, Brooklyn, OATH Index No. 2238/09 (Oct. 23, 2009).

After a decision was issued in a vehicle retention case, respondent requested an opportunity to reargue, claiming that the ALJ had misunderstood the facts and overlooked important case law. ALJ Rodriguez noted that OATH's rules do not expressly provide for motions to reargue and that such motions made subsequent to issuance of a decision are granted in extremely rare cases. As the Krimstock Order states that decisions will be subject to review in the New York State Supreme Court, ALJ Rodriguez found that an Article 78 proceeding would be the appropriate avenue for review and denied the motion to reargue. Police Dep't v. Rodriguez-Toribio, OATH Index No. 302/10, mem. dec. (Oct. 9, 2009).

In a disciplinary hearing, the Health and Hospitals Corporation proved that respondent, a hospital police sergeant, had used excessive force on a patient when he guided the patient into a control room and pushed him up against a wall. Though respondent had a 16-year tenure, ALJ John Spooner found that respondent's misuse of authority and mistreatment of a patient demanded a severe penalty and recommended termination. Health & Hospitals Corp. (Coler Goldwater Specialty Hospital) v. Bellinger, OATH Index No. 133/10 (Oct. 21, 2009).

ALJ Faye Lewis recommended termination of a captain found to have used excessive force towards an inmate and made multiple false statements and reports to cover-up the incident. The consistent reports made by the inmate, the corresponding medical documentation, and the supporting testimony of the inmate's wife were more credible than respondent's disjointed and inconsistent versions of the event. Noting that respondent's version did not make sense, ALJ Lewis determined that he was lying to protect his job. Dep't of Correction v. Patterson, OATH Index No. 2164/09 (Oct. 1, 2009).

The Department of Education sought to terminate a custodian engineer for removing school property from a public school for his own personal use and for receiving additional compensation for building a wall in the school during work hours. ALJ Tynia Richard found the Department's evidence, a video of respondent removing 55-gallon drums from the school and the hearsay statements made to an investigator, convincing. In contrast, ALJ Richard found the testimony of respondent's brother to be unbelievable and drew a negative inference from respondent's failure to refute the investigator's testimony about his prior statements. Noting the lack of moral integrity respondent demonstrated by stealing from the school, ALJ Richard recommended his termination. Dept' of Education v. Robles, OATH Index No. 2275/09 (Oct. 19, 2009).