BenchNOTES - April 2014

Last Month's OATH Decisions

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Personnel

Special officer struck shelter resident.

A special officer was charged with engaging in an off-duty fight with a co-worker, making harassing phone calls to that co-worker, and striking a handcuffed homeless shelter resident in the face. ALJ Kevin F. Casey found that respondent was a willing participant in a fight with a co-worker at an off-duty event where many current and former agency employees were present.    Dep't of Homeless Services v. Smith, OATH Index No. 518/14 (Apr. 25, 2014).

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Contracts

CDRB awards $154,102.95 for removal of unanticipated obstruction.

A contractor brought a dispute, which arose from a contract for the construction of a sanitation garage, for additional payment of $154,102.95 to cover the cost of excavating and removing large portions of brick foundation walls. The Contract Dispute Resolution Board (CDRB), chaired by ALJ Raymond E. Kramer, found that the contract only required the contractor to incur the cost of excavating anticipated obstructions.   DeMatteis/Darcon, J.V. v. Dep't of Design & Construction, OATH Index No. 884/14, mem. dec. (Apr. 11, 2014).

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Licensing

Food service premises which operated without permit should be padlocked.

Petitioner proved that respondents operated a food service establishment without a permit and obstructed department inspections. Petitioner also proved that respondents continued to operate the establishment after the Commissioner had declared the operation to be a nuisance and ordered respondents to cease operation.   Dep't of Health & Mental Hygiene v. The Amelio Russo Civic Ass'n, Inc., OATH Index No. 1133/14 (Apr. 25, 2014).

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Human Rights

ALJ recommends discrimination complaint be dismissed.

The Commission on Human Rights (CHR) alleged that an employee terminated from his position as a patient escort was discriminated against based on his disability. The employee's claimed disability was strep throat. Comm'n on Human Rights ex rel. Glaude v. New York Downtown Hospital, OATH Index Nos. 1769/13 & 1770/13 (Apr. 8, 2014).

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