Recent Decisions

The following is a summary of some recent OATH decisions decided in *June 2017*.  To ascertain whether the OATH judges' recommendations were adopted by the referring agency, please call OATH's calendar unit at 1-844-628-4692.

Licensing

In default proceeding, Petitioner proved that respondent acted against the best interest of the public when he made comments to a passenger about refugees, immigrants, and Muslims. ALJ Alessandra F. Zorgniotti found that respondent’s remarks were sanctionable because they made unjust distinctions in the treatment of persons based on their race, religion, or national origin. Petitioner also established that respondent failed to display his TLC license in the proper frame. A fine of $1,150.00 was recommended.  Taxi and Limousine Comm'n v. Maehle, OATH Index No. 1983/17 (June 8, 2017).

Respondent store owner was charged with running a pet grooming or boarding kennel establishment without a valid permit, obstructing inspections, and violating a cease and desist order. ALJ Kevin F. Casey found that petitioner proved that respondent continued to operate their business after the permit expired. Additionally, respondent interfered with inspections by refusing to allow inspectors access to the premises and refusing to restrain their dogs. Respondent violated the Commissioner’s cease and desist order by continuing operations after the order was issued. Respondent building owner failed to ensure order was complied with. Sealing and padlocking of the premises was recommended.   Dep't of Health and Mental Hygiene v. Queens Pampered Pups, Inc., OATH Index No. 1850/17. (June 2, 2017).

Campaign Finance

Campaign Finance Board alleged that City Council candidate violated the City Campaign Finance Act by accepting over-the-limit contributions from individuals doing business with the City, accepting contributions from a limited liability company, failing to properly report intermediaries, making a cash expenditure over $100, and filing a late response to a document request. ALJ John B. Spooner sustained the charges and recommended a penalty of $996, mitigating the doing-business violation because the deadline was missed by only three days and occurred while the campaign manager was ill.   Campaign Finance Board v. Weprin, OATH Index No. 965/17 (June 22, 2017).

Human Rights

Petitioner alleged that respondents engaged in discriminatory harassment against their neighbor’s son based on his disability and retaliated against the neighbors for filing a complaint with the New York City Commission on Human Rights. Respondents moved to dismiss the complaints, arguing, inter alia, that OATH does not have jurisdiction over claims of discriminatory harassment brought under the Human Rights Law and that such claims may only be heard in state court. ALJ Astrid B. Gloade denied the motion. Upon review of the legislative history and comprehensive consideration of the New York City Human Rights Law, she found the law gives complainants the option of pursuing a discriminatory harassment complaint at the Commission or in a court of competent jurisdiction.   Comm'n on Human Rights ex rel. Palesano v. Kilbane, OATH Index No. 1225/17 & 1228/17 (June 28, 2017).

Contracts

Health care provider challenged recoupment of funds because they were not spent within year of allocation. Under the Public Health Law, the agency’s ability to recoup funds allocated under the Health Care Reform Act derives from its authority to recoup Medicaid funds on behalf of the State. On remand from the Supreme Court, the Contract Dispute Resolution Board found Human Resources Administration could recoup funds not spent for the stated purpose of recruitment and retention of personal care service workers. However, the CDRB did not find any statutory or regulatory basis that the funds must be spent within the same year allocated.   N.Y Health Care, Inc v. Human Resources Admin., OATH Index No. 235/17, mem. dec. (June 26, 2017).

In default proceeding, petitioner proved that the contractor willfully falsified payroll records and failed to pay two workers the prevailing wage and supplemental benefits on two City projects. Contractor failed to pay three weeks of wages and make benefit contributions to labor union and failed to pay into the complainants’ annuity. ALJ Noel R. Garcia found that the contractor owed $93,932.00 in unpaid wages, benefits, and interest. Additionally, 25 percent civil penalty and preclusion from bidding on governmental contracts within New York State for five years were recommended.   Office of the Comptroller v. Atlas Restoration Corp., OATH Index No. 981/17 (June 15, 2017).

Personnel

Correction officer used unauthorized force when he dispersed a chemical agent for more than a two-second burst within six feet of an inmate who had ceased offering resistance and filed an incomplete and inaccurate use of force report. The officer moved to have his name redacted from the decision pursuant to Section 50-a of the New York State Civil Rights Law on the grounds that a correction officer’s personnel records cannot be disclosed without an officer’s consent or a court order. ALJ Gloade denied the motion, holding that OATH decisions are not subject to the confidentiality provisions of Section 50-a because OATH is an independent tribunal that is not under the control of the Department of Correction.   Dep’t of Correction v. Mohr, OATH Index No. 724/17 (June 9, 2017).