BenchNOTES - November 2013

Last Month's OATH Decisions

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Licensing

ALJ recommends restoration of cab driver’s license.

In a summary suspension hearing, respondent, a taxicab driver, asserted that his off-duty arrest for DWI does not prove his continued licensure is a direct and substantial threat to the public. Respondent testified that he has no prior alcohol-related arrests, that he has been a taxi driver since 1991 without incident, and that neither his TLC license nor his DMV license has ever been suspended.  Taxi & Limousine Comm’n v. Nau, OATH Index No. 985/14 (Nov. 22, 2013).

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Personnel

Officer cleared of possession charge.

Correction officer was arrested as a result of a drug bust operation. After criminal charges against the officer were dismissed, Department of Correction (DOC) brought a disciplinary proceeding against the officer accusing him of knowingly driving a family friend to a drug transaction and subsequently possessing cocaine in his car.  Dep’t of Correction v. Perry, OATH Index No. 265/14 (Nov. 22, 2013).

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Prevailing wage

Contractor did not pay prevailing wages.

The Office of the Comptroller charged that the respondents failed to pay the prevailing rate of wages and benefits to four employees on two public works contracts with the New York City Health and Hospitals Corporation. The respondents failed to appear at the hearing.  Office of the Comptroller v. Decoma Building Corp., OATH Index No. 2154/13 (Nov. 18, 2013).

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Real Property

SRO tenants were harassed.

Owners of a single room occupancy building applied for a certificate of no harassment. The record showed that the owners repeatedly told one tenant he had to move out within a short period of time because the building had been sold and the new owner wanted the building vacant, and that the owners failed to make prompt repairs with the intent to cause another tenant to vacate his unit. Dep’t of Housing Preservation & Development v. McFaddin, et. al., OATH Index No. 2327/13 (Nov. 8, 2013).