Chapter I - Subchapter D

§1-48 Official Notice.

Dates and Location

Administrative notice taken that the corner of 23rd Avenue and 90th Street in Queens is in the vicinity of LaGuardia Airport. Taxi & Limousine Comm’n v. Sosa Demorizi, OATH Index No. 2530/24 (Apr. 1, 2024), adopted, Comm’r Dec. (Apr. 17, 2024).

Official notice taken of the day of the week a certain date fell on. Taxi & Limousine Comm’n v. Singh, OATH Index No. 1245/20 (Jan. 30, 2020), adopted, Comm’r Dec. (Feb. 5, 2020); Human Resources Admin. v. Cameron, OATH Index No. 2340/16 (Oct. 20, 2016), aff’d, NYC Civ. Serv. Comm’n Case No. 2017-0319 (June 21, 2017).

ALJ took official notice that the 718 area code came into existence in 1984. Dep’t of Buildings v. 47-33 Little Neck Parkway, Queens County, OATH Index No. 802/14 (June 27, 2014).

Official notice that Santo Domingo is the capitol of the Dominican Republic and is also the name of the island in which the Dominican Republic is located. Office of the City Clerk v. Ramirez, OATH Index No. 1158/11 (Jan. 13, 2011).

Public Records

This tribunal’s authority to take official notice of public records is recognized by OATH’s Rules and prior case law. Matter of Tenants of 979-987 Dean Street, Brooklyn, OATH Index No. 1714/14 (Apr. 30, 2015), adopted in part, rejected in part, Loft Bd. Order No. 4533 (June 16, 2016).

As a matter of public record, official notice taken of respondent’s registered service address found on a website that supplies the service addresses for corporations registered in New York. Comm’n on Human Rights v. Britati Realty, Inc., OATH Index No. 778/13 (May 21, 2013).

Unpublished Materials

Government Research

GPS has been found to be reliable to the extent that the tribunal may take official notice of research amassed by the federal government in support of its accuracy for location and time. Dep’t of Transportation v. Rabuse, OATH Index No. 1417/18 (June 1, 2018).

Official notice taken of research amassed by the federal government in support of the accuracy of GPS. Dep't of Education v. Halpin, OATH Index No. 818/07 (Aug. 9, 2007).

Unpublished Material

Over respondent’s objection, ALJ requested and took official notice of agency’s Anti-Retaliation Policy. Fire Dep’t v. Buttaro, OATH Index No. 2430/14 (Jan. 13, 2015).

Official notice taken of agency’s Code of Discipline and of its Employee Handbook. Dep’t of Environmental Protection v. Post, OATH Index No. 1420/12 (Aug. 21, 2012), adopted, Comm’r Dec. (Sept. 4, 2012).

COIB took judicial notice of the information contained in the City’s Payroll Management System because it is a government document not subject to reasonable dispute and is capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. Conflicts of Interest Bd. v. Hill, COIB Case No. 2010-335d, Chair’s Dec. (May 3, 2012), modifying, OATH Index No. 2199/11 (Feb. 3, 2012).

An unpublished agency policy governing penalty in an employee disciplinary case may either be proved at trial, officially noticed if filed with OATH pursuant to paragraph (b) of this section, or discerned from precedents. Transit Auth. v. Monteverde, OATH Index No. 1198/94 (Dec. 5, 1994).

In deciding the merits of a disciplinary petition against a police officer, the trial judge is entitled pursuant to paragraph (b) of this section to take official notice of provisions of the Patrol Guide on file with OATH. Police Dep't v. Connors, OATH Index No. 348/92 (Feb. 18, 1992).

Internet

Without objection, ALJ took official notice of certain geographic details based upon Google maps. Taxi & Limousine Comm’n v. Mollah, OATH Index No. 2469/14 (Sept. 12, 2014).

ALJ took official notice that, as listed in the official website of the National Oceanic and Atmospheric Administration, there was a blizzard across New York City on January 26 and 27, 2011, which produced 1 to 1½ feet of snow, with 19 inches in Central Park, which caused “massive transportation delays,” including airline cancellations and the suspension of rail service. Dep’t of Correction v. Smith, OATH Index No. 667/13 (July 19, 2013), aff’d, NYC Civ. Serv. Comm’n Case No. 35546 (May 6, 2014).

ALJ took official notice of the results of a search for companies containing a certain name on two agency websites. Dep’t of Correction v. Salik, OATH Index No. 1304/13 (June 25, 2013), adopted, Comm’r Dec. (Jan. 27, 2014), aff’d, NYC Civ. Serv. Comm’n Case No. 2014-0131 (Apr. 17, 2014).

Official notice was taken of symptoms of a disease listed on the website for National Institutes of Health. Dep't of Correction v. Rodriguez, OATH Index No. 277/06 (Mar. 27, 2006).

Official notice was taken of driving distances between points of travel as calculated on the internet website, www.Mapquest.com. Human Resources Admin. v. Allen, OATH Index No. 212/06 (June 28, 2006).

Official Notice Not Taken

It is not necessary to take judicial notice of information contained in a trial exhibit. Taxi & Limousine Comm’n v. Hernandez, OATH Index No. 84/21 (Sept. 4, 2020), adopted, Comm’r Dec. (Oct. 5, 2020).

It is inappropriate to take official notice of emails that were not properly in evidence. Comm’n on Human Rights ex rel. Ondaan v. Lysius, OATH Index No. 2801/18 (Sept. 12, 2019), modified on penalty, Comm’r Dec (Nov. 24, 2020).

ALJ declined counsel’s request to take “judicial notice” that firehouses do not have elevators because that is not a fact of which judicial or official notice may be taken, as it is possible that some firehouses or police precincts have elevators. Office of the Comptroller v. Abbey Painting Corp., OATH Index No. 2544/11 (June 26, 2012), adopted, Comptroller’s Dec. (July 2, 2012).

A medical diagnosis must be based on evidence, it is not a matter of which official notice can be taken. Human Resources Admin v. Gonzalez, OATH Index No. 972/11 (Mar. 17, 2011), adopted, Comm’r Dec. (May 5, 2011).

ALJ declined to take judicial notice under subsection (a) of this section that employee’s “out of control” behavior constituted a manic episode in the context of a specific mental disorder. It was not an indisputable matter of common knowledge or the type of fact that can be admitted without proof. Human Resources Admin. v. Anonymous, OATH Index No. 1242/10 (May 4, 2010), modified on penalty, Admin/Comm’r Determination (June 16, 2010), aff’d, NYC Civ. Serv. Comm’n Item No. CD 11-17-A (Apr. 29, 2011).