BenchNOTES - September 2014

Last Month's OATH Decisions

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Personnel

ALJ recommends dismissal of charges.

ALJ Alessandra F. Zorgniotti recommended dismissal of a charge that a sanitation worker parked his vehicle on the sidewalk in front of a department facility in violation of previous orders not to. It was not shown that respondent was given an unambiguous order as the record showed that workers were told to "try" not to park on the sidewalk.    Dep't of Sanitation v. Kaplan, OATH Index No. 035/15 (Sept. 18, 2014), adopted, Comm'r Dec. (Oct. 3, 2014).

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Contracts

CDRB denies claim for extra compensation.

The Contract Dispute Resolution Board (CDRB), chaired by ALJ Kevin F. Casey, denied contractor's petition for additional compensation due to subsurface conditions encountered when installing well points.    DeMatteis/Darcon, J.V. v. Dep't of Design & Construction, OATH Index No. 2271/14, mem. dec. (Sept. 5, 2014).

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Licensing

Positive drug test explained by use of prescription drug.

A fitness hearing was brought against a for-hire vehicle driver who tested positive for marijuana. The driver presented evidence that the test result was caused by his ingestion of a prescribed drug, Dronabinaol, which is the generic form of Marinol.    Taxi & Limousine Comm'n v. Ilizirov, OATH Index No. 2677/14 (Sept. 3, 2014), adopted, Comm'r Dec. (Oct. 21, 2014).

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Vehicle Retention

Police Department may retain seized car.

Police Department seized car from owner in the course of arresting the owner for possession of controlled substance with intent to sell. ALJ Raymond E. Kramer ruled that the Police Department may continue to retain owner's car during the pendency of the civil forfeiture proceeding against him.    Police Dep't v. Castellanos, OATH Index No. 448/15, mem. dec. (Sept. 5, 2014).

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