BenchNOTES Newsletter

Register to receive the BenchNOTES Newsletter each month by email.

Licensing

Car dealers fined $3,164,875 for deceptive practices.

The Department of Consumer Affairs ("DCA") brought a license revocation proceeding against respondents, affiliated car dealers, alleging that they engaged in deceptive and illegal practices designed to profit from low-income and non-English speaking consumers, while saddling them with overpriced loans and defective cars.

Dep't of Consumer Affairs v. Major World, OATH Index No. 1897/17, mem. dec. (Jan. 24, 2019).

Real Property

SRO building owner denied certificate of no harassment.

Under the single room occupancy ("SRO") anti-harassment law, the owner of an SRO building must obtain a certificate of no harassment ("CONH") before it may legally renovate the building.

Dep't of Housing Preservation & Development v. Stavrou, OATH Index No. 2226/18 (Jan. 15, 2019), adopted, Comm'r Dec. (Jan. 29, 2019).

Personnel

Excessive absence, medical incompetence.

Petitioner sought to terminate the employment of a captain for medical incompetence under section 75 of the Civil Service Law due to excessive use of sick leave based upon job-related injuries.

Dep't of Correction v. Knupp, OATH Index No. 1774/18 (Jan. 4, 2018).

Vehicle Retention

Police Department lacked probable cause for trunk search. Car returned.

Petitioner, the Police Department, sought to retain a car that it had seized in connection with the driver’s arrest for criminal possession of a weapon and criminal possession of marijuana.

Police Dep't v. Arthurs, OATH Index No. 1261/19, mem. dec. (Jan. 30, 2019).

Bench News

ALJ Zorgniotti retires from OATH.

Alessandra F. Zorgniotti retired from OATH this January, after 13 years of distinguished service as an administrative law judge with the OATH Trials Division.