OATH Recent Decisions

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Personnel

ALJ Julia H. Lee recommended a 5-day suspension for a procurement specialist charged with excessive lateness. Respondent was late on 40 separate occasions over a period of eight months, totaling 32 hours and 40 minutes. The ALJ rejected respondent’s argument that he was not late on these occasions because he received supervisory approval to charge his lateness to compensatory time, finding that a long-time employee is expected to abide by the agency’s time and leave policies. The ALJ, finding that the misconduct was mitigated by respondent’s 40-year employment with no prior disciplinary history since 1989, recommended a 5-day suspension instead of the 10-day suspension requested by the agency. Dep’t of Housing Preservation & Development v. Abdullah, OATH Index No. 217/22 (Feb. 23, 2023), adopted, Comm’r Dec. (Mar. 20, 2023).

Licensing

ALJ Orlando Rodriguez recommended lifting the suspension of a TLC license for a driver who had been arrested for strangulation in the second degree, finding that TLC failed to prove that he poses a continuing direct and substantial threat to public health or safety. After respondent obtained a temporary order of protection against the complainant, the complainant filed a police report alleging that respondent had assaulted her 14 months earlier. The timing of the complaint, along with the police report, indicates that this was an isolated incident and that the complainant’s injuries were minor. The severity of the charge is further mitigated by respondent’s decade-long spotless driving record and witness testimony about the driver’s good character. Taxi & Limousine Comm’n v. Escano-Escano, OATH Index No. 1878/23 (Feb. 7, 2023), adopted, Comm’r Dec. (Feb. 13, 2023).

ALJ Jonathan Fogel recommended lifting the suspension of a TLC license for a driver who had been arrested for assault in the second degree, criminal possession of stolen property, and leaving the scene of an accident that had caused personal injury. The ALJ found inconsistencies and implausible statements in the allegations against the driver, which suggested that the conduct underlying the charge is not as serious as alleged. The ALJ also found significant mitigation in the driver’s nearly spotless decade-long record, extraordinary character evidence, and the minor nature of complainant’s injuries. The ALJ concluded that TLC failed to show that the driver would pose a direct and substantial threat to public health or safety. Taxi & Limousine Comm’n v. Roach, OATH Index No. 1864/23 (Feb. 3, 2023), adopted, Comm’r Dec. (Feb. 8, 2023).

Real Property

ALJ Noel R. Garcia recommended denying protected occupancy status to tenants in a building covered by the Loft Law, finding that the unit was previously deregulated by a valid sale of rights. The ALJ found that a prior tenant with legal representation had sold his Loft Law rights in exchange for $2,500, a waiver of five months’ rent totaling $20,596.68, and return of a $6,900 security deposit. Matter of Postelnicu, OATH Index No. 1170/21 (Feb. 15, 2023).