BenchNOTES - August 2014

Last Month's OATH Decisions

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Human Rights Law

Commission has jurisdiction over agency that solicits business in NYC.

Employment agency and its owner which match nannies to job opportunities were charged with violating the City Human Rights Law because their online application contained questions about the applicant's health conditions and prior arrests. ALJ John B. Spooner found that the City Commission on Human Rights (CHR) has jurisdiction because an agency employee contacted the complainant, a New York City resident, and asked her to complete an application for a nanny position in New York City, and because the agency's website advertised itself as an employment agency operating nationwide as well as within New York City.    Comm'n on Human Rights v. A Nanny on the Net, LLC, OATH Index No. 1364/14 (Aug. 8, 2014).

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Personnel

City employee may be disciplined for off-duty criminal conduct.

A research assistant was charged for conduct which resulted in off-duty, off-premises arrests and convictions. Petitioner presented certificates of conviction which proved that respondent committed the crimes of assault, resisting arrest, intentional property damage and public intoxication.    Admin for Children's Services v. Hane, OATH Index No. 1460/14 (Aug. 27, 2014), adopted, Comm'r Dec. (Aug. 29, 2014).

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Licensing

Plumber made false filings about plumbing business ownership.

The Administrative Code requires that at least 51 per cent of a plumbing contracting business be owned by a licensed master plumber. A licensed master plumber was charged with falsely stating on several filed documents that he owned a 51 per cent share in a plumbing business.    Dep't of Buildings v. Reingold, OATH Index No. 2375/13 (Aug. 5, 2014), adopted, Comm'r Dec. (Aug. 14, 2014).

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Practice and Procedure

Pleading error excused where party was given notice.

Misidentification of the respondent in the petition as "Scullari Corporation Contractor" rather than "Scullari Construction" did not affect the timely notice of the proceeding otherwise provided by having mailed notice of the hearing and the Notice of Violation (NOV) to the address provided on the vehicle's liability insurance card. In a default proceeding, ALJ Tynia D. Richard ruled that petitioner established that respondent collected trade waste consisting of dirt and rocks, without a license.    Business Integrity Comm'n v. Scullari Corporation Contractor, OATH Index No. 192/15 (Aug. 5, 2014).

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