BenchNOTES Newsletter

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Personnel

ALJ dismisses charges where officer acted reasonably.

Correction officer was charged with abandoning control room post to confront an inmate who had refused to provide pedigree information, failing to anticipate a use of force, using excessive force, and filing a false report.

Dep’t of Correction v. Echevarria, OATH Index No. 0005/18 (Jan. 12, 2018).

Vehicle Retention

ALJ orders return of seized car.

ALJ Ingrid M. Addison directed the Police Department to release a car that it had seized in connection the owner’s arrest, finding the Department did not prove that it gave the owner notice of his right to a hearing in both English and Spanish at the time of arrest, as required by federal court order.

Police Dep’t v. Rios, OATH Index No. 1377/18, mem. dec. (Jan. 26, 2018).

Prevailing Wage

Subcontractor willfully failed to pay prevailing supplemental benefits.

A subcontractor on a public works project was charged with willfully failing to pay prevailing supplemental benefits to two workers.

Office of the Comptroller v. Heights Elevator Corp., OATH Index No. 2387/17 (Jan. 9, 2018), adopted, Comptroller’s Determination & Order (Jan. 17, 2018).

Contracts

Contractor not entitled to full payment for defective work.

Petitioner contractor sought an additional $53,014, representing full payment on emergency repair work performed at a residential building in Brooklyn.

Combined Construction, Inc. v. Dep’t of Housing Preservation & Development, OATH Index No. 2223/17, mem. dec. (Jan. 18, 2018).

Real Property

ALJ stays Loft Board trial.

Loft building owner imposed rent increases after it obtained a residential certificate of occupancy.

Matter of Moloney, OATH Index Nos. 1784/17, 2160/17, 2473/17, mem. dec. (Jan. 23, 2018).