BenchNOTES Newsletter

BenchNOTES - February 2013

Personnel

Juvenile counselor failed to investigate report of child abuse timely.

The Administration for Children’s Services proved charges that a counselor failed to immediately investigate, report, and document a report of child abuse at a juvenile detention center, and then later failed to cooperate fully in an investigation. ALJ Ingrid M. Addison found there was no mitigation for respondent’s failure to uphold his duty as a mandatory reporter and recommended a suspension of 45-days without pay.  Admin. for Children’s Services v. Miles (in PDF), OATH Index No 911/13 (Feb. 11, 2013).

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Prevailing Wage

ALJ denies motion to dismiss prevailing wage hearing based on delay.

A roofing contractor hired by the City sought dismissal of the Comptroller’s allegation that it failed to pay its employees the prevailing wage and benefits as required. The contractor argued that the alleged violation occurred more than nine years before the petition was filed and that to proceed after such a long delay was unfair. ALJ John B. Spooner found there was no merit in these claims, noting that respondent had been aware of the ongoing investigation for several years and there was no express statute of limitations for the commencement of hearings. ALJ Spooner denied the contractor’s motion for summary judgment.   Office of the Comptroller v. Colonial Roofing Company, Inc. (in PDF), OATH Index No. 632/13, mem. dec. (Feb. 19, 2013).

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Licensing

Trade waste hauler did not file required annual financial statement.

ALJ Addison found that a licensed hauler of trade waste failed to file an annual financial statement as required. The judge did not credit the hauler’s defense that he never received the notice instructing him to file. She noted that he had made no effort to correct the situation, even after appearing personally at a settlement conference, by which time he must have known of the allegations. She recommended a penalty of $10,000.   Business Integrity Comm’n v. Mattis Bros. Inc., (in PDF), OATH Index No. 1330/13 (Feb. 12, 2013).

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Real Property

Loft owner’s application to end 20-year old finding of harassment should be granted.

The owner of an interim multiple dwelling sought an order terminating a 1992 finding of tenant harassment issued by the Loft Board against a different owner. In 2005, the Loft Board had denied the applicant’s prior request to terminate the harassment finding on the grounds that he failed to prove compliance with fire and safety requirements. ALJ Astrid B. Gloade found no evidence that tenants had lived in the building for a decade and no evidence the applicant had engaged in harassment of tenants. She also found the applicant had established compliance with fire and safety requirements and otherwise satisfied the legal requirements to end the finding of harassment. Therefore, ALJ Gloade recommended that the 1992 finding be terminated.    Matter of Alonzo (in PDF), OATH Index No. 998/13 (Feb. 15, 2013).

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