BenchNOTES Newsletter

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Licensing

Test fraud charge dismissed but taxi driver found unfit.

Taxi and Limousine Commission ("TLC") requires applicants for a TLC driver license to take an exam testing their knowledge of City geography, TLC rules, and traffic rules.

Taxi & Limousine Comm’n v. Castillo, OATH Index No. 250/18 (Oct. 5, 2017), adopted, Comm’r Dec. (Oct. 23, 2017).

Personnel

Respiratory therapist’s removal of broken mask not misconduct.

Respondent, respiratory therapist, was charged with removing a respiratory device from a patient, failing to notify a doctor or clinical team that he removed it, and failing to respond when summoned to report to the emergency department to provide respiratory care for a trauma patient.

Health & Hospitals Corp. (Jacobi Medical Ctr.) v. Hammond, OATH Index No. 2286/17 (Oct. 26, 2017).

Campaign Finance Law

$853 fine imposed for violations.

Candidate, treasurer and campaign committee ("respondents") were charged with violations of campaign finance law during 2013 election campaign. ALJ Kevin F.

Campaign Finance Bd. v. Greenfield, Leb and NYC Greenfield, OATH Index No. 1098/17 (Oct. 12, 2017), adopted, Bd. Dec. (Nov. 16, 2017).

Human Rights

Landlord illegally rejected prospective tenant with voucher.

A real estate broker violated the City Human Rights Law when he denied a prospective tenant the opportunity to rent an apartment because the complainant advised him that he had a housing voucher.

Comm’n on Human Rights ex rel. Nieves v. Rojas, OATH Index No. 2153/17 (Oct. 24, 2017).

Vehicle Retention

ALJ orders car be returned to owner.

The Police Department seized a car in connection with the registered owner’s arrest.

Police Dep’t v. Cuervo, OATH Index No. 633/18, mem. dec. (Oct. 27, 2017).