BenchNOTES - July 2015

Last Month's OATH Decisions

The documents below are in PDF format. Download the Adobe Reader now.

Personnel

Hospital technician performed wrong test on wrong patient.

An ultrasound technologist was charged with failing to properly identify a patient and performing the wrong examination on the patient. ALJ Kevin F. Casey sustained the charges.   Health & Hospitals Corp. (Kings Co. Hospital Ctr.) v. Kahn, OATH Index No. 1051/15 (July 15, 2015).

Read more

Real Property

Denial of watershed variance was rational.

Watershed regulations require any new subsurface sewage treatment system (SSTS) be at least 100 feet from a wetland. A Putnam County property owner wanted to build a four-bedroom residence with a new SSTS which was only 46 feet from a wetland.    Solof v. Dep't of Environmental Protection, OATH Index No. 2371/15 (July 10, 2015).

Read more

Vehicle Retention

Police Department may retain seized car.

The Police Department sought to retain a car seized in connection with the driver's arrest for criminal possession of a controlled substance, criminal possession of a forged instrument, driving while intoxicated, resisting arrest, and related lesser charges.   Police Dep't v. Smith, OATH Index No. 2587/15, mem. dec. (July 1, 2015).

Read more

Prevailing Wage

Contractor willfully violated prevailing wage law.

ALJ Tynia D. Richard found that a public works contractor and its president failed to pay prevailing wages and supplemental benefits to 21 employees on eight contracts to perform work on public schools.   Office of the Comptroller v. Reliance General Construction, Inc., OATH Index No. 1767/15 (July 23, 2015).

Read more

Licensing

Commission may continue suspension of taxi driver's license.

ALJ Alessandra F. Zorgniotti recommended the continuation of a suspension of a taxi driver's license during the pendency of criminal charges against the license holder.   Taxi & Limousine Comm'n v. Khouma, OATH Index No. 2550/15 (July 2, 2015), adopted, Comm'r Dec. (July 23, 2015).

Read more