ALJ Kevin Casey ruled that an agency attorney engaged in unprofessional and improper conduct when he approached another attorney outside of the courtroom, placed his hand on her arm and asked for a kiss. The recommended penalty was a thirty-day suspension without pay. Dep't of Housing Preservation & Development v. Brannon, OATH Index No. 1723/08 (May 23, 2008).

ALJ John Spooner found that a special officer wrongfully displayed her badge in three off-duty incidents: once during a dispute with a laundromat attendant, and twice in discussion with a police sergeant, whom she asked to void a parking ticket because she is an officer. A sixty-day suspension was recommended. Dep’t of Health & Mental Hygiene v. Williams, OATH Index No. 1968/08 (May 30, 2008).

Four sanitation workers were charged with working at a slow pace and failing to complete their routes. A supervisor testified that he witnessed the workers' pace and ordered them to complete their routes. The Department also presented evidence that the sanitation workers' union asked specific districts not to clean their routes in protesting the suspension of another sanitation worker. ALJ Alessandra Zorgniotti found the four workers intentionally refused to complete their assigned routes and recommended three-day suspensions for each. Dep't of Sanitation v. Dobie, OATH Index Nos. 2092/07, 2093/07, 2094/07 & 2095/07 (May 2, 2008).

An inspector was charged with striking and directing profanity at a supervisor. Citing to prior precedent, ALJ Tynia Richard found that even though the supervisor may have initiated the physical confrontation, this alone does not preclude the inspector from being disciplined for willingly taking part in the fight. She found the employee cursed at, and shoved, the supervisor instead of avoiding physical contact, and she recommended a 15-day suspension. Dep't of Consumer Affairs v. Wilson, OATH Index No. 1402/08 (May 2, 2008).

Tax auditor was found to have left a discourteous and inappropriate voicemail message for a taxpayer. Although the agency sought termination, ALJ Zorgniotti found termination to be too severe and recommended a 45-day suspension. Dep't of Finance v. Anderson, OATH Index No. 1485/08 (May 6, 2008).

The Contract Dispute Resolution Board, chaired by ALJ Ingrid Addison, denied a claim brought on behalf of a roofing subcontractor in the amount of $17,065 for the fabrication and installation of ten scupper drains. The Board found that the depiction of the drains in contract drawings was sufficient to hold the subcontractor responsible for the installation and denied any additional compensation. A.J. Pegno Construction Corp./Tully Construction Co., Inc., for Titan Roofing, Inc. v. Dep't of Environmental Protection, OATH Index No. 1436/08, mem. dec. (May 21, 2008).

Construction company hired to replace defective bridge structures sought additional payment of $505,041 from the Department of Transportation for extra work. The Contract Dispute Resolution Board, chaired by ALJ Julio Rodriguez dismissed the petition as untimely filed. Maracap Construction Industries, Inc. v. Dep't of Transportation, , OATH Index No. 711/08, mem. dec. (May 9, 2008).

ALJ Zorgniotti found that a mobile food vendor unlawfully transferred a permit decal from one cart to another. The licensee also committed at least six violations of the Administrative Code and Health Code within a two year period. Revocation of license and permit recommended. Dep't of Health & Mental Hygiene v. Kostianis, OATH Index No. 2266/08 (May 19, 2008).

Based upon two convictions for driving while impaired by alcohol and by drugs, ALJ Kara Miller found a taxi driver unfit and recommended revocation of his license. The convictions constituted clear evidence that continuing to allow respondent to be a licensed taxi driver posed a threat to public safety. Taxi & Limousine Comm'n v. Mazzola, OATH Index No. 2257/08 (May 2, 2008).

Taxi driver was charged with harassing and assaulting a passenger, unlawfully imprisoning her, driving recklessly and failing to turn on the taximeter. ALJ Addison ruled that the Commission only proved two of the charges: verbal harassment and refusal to turn on the meter. She recommended a $700 fine. Taxi & Limousine Comm'n v. Pierre, OATH Index No. 1899/08 (May 6, 2008).

Applicant was denied a marriage license because two previous licenses had been issued to a person with the same name and birth date. The applicant testified that she was mugged in 1990 and her purse, containing her birth certificate, social security card and her identification, was stolen. ALJ Miller compared the signatures on the previous marriage applications with the current one, and found several inconsistencies. She ruled for the applicant and recommended issuance of a marriage license. Office of the City Clerk v. Gibson, OATH Index No. 1890/08 (May 9, 2008).

ALJ Casey ruled that co-owner of seized 2001 Ford Expedition was entitled to return of the vehicle pending subsequent forfeiture hearing. He credited co-owner's claim that she did not know that the driver would use the vehicle for criminal purposes. Co-owner made requisite showing under Property Clerk v. Harris, 9 N.Y.2d 237 (2007), that continued impoundment would substantially interfere with critical life activities based upon her testimony that she needed it late at night to drive home from work and in the morning to take her child to school. Police Dep't v. Miller, OATH Index No. 2420/08, mem. dec. (May 21, 2008).

ALJ Addison ruled the Police Department was entitled to retain a vehicle it seized in connection with the arrest of the owner's boyfriend for illegal possession of a handgun. She rejected the "innocent owner" defense because the owner knowingly drove and allowed her boyfriend to drive her car while it was uninsured, a crime. Police Dep't v. Hendrix, OATH Index No. 2341/08, mem. dec. (May 12, 2008).