BenchNOTES - January 2017

Last Month’s OATH Decisions

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Personnel

Where employee moved to new agency, disciplinary case removed from calendar.

The Administration for Children’s Services (“ACS”) brought disciplinary charges against one of its employees. Prior to the first scheduled conference at OATH, the employee took leave from ACS and accepted a new position with another agency.

Admin. for Children’s Services v. M.S., OATH Index No. 2054/16, mem. dec. (Jan. 11, 2017).

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Licensing

Cab driver refused to exchange information after accident.

After an accident with the complainant, a cyclist, respondent taxicab driver failed to stop and exchange information with the complainant and instead tried to leave the scene.  

Taxi & Limousine Comm’n v. Faisal, OATH Index No. 655/17 (Jan. 18, 2017), adopted, Comm’r Dec. (Feb. 6, 2017).

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Real Property

Grant of Loft Law coverage application recommended.

In coverage and protected occupancy proceeding, ALJ Alessandra F. Zorgniotti found that petitioners demonstrated that second floor unit was residentially occupied during the applicable window period and as occupants currently in possession, petitioners also qualified for protected occupancy.

Matter of Allweis, OATH Index No. 2569/14 (Jan. 18, 2017).

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