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BenchNOTES Newsletter

BenchNOTES - January 2013


ALJ recommends charge that officers were fighting be dismissed.

The Department of Correction charged a correction officer with fighting with another officer, using profane language, leaving her post, and bringing an unauthorized bag near her post. ALJ Kara J. Miller found that the Department proved all of the charges except the claim that respondent engaged in a physical altercation with another officer. The testimony showed that, at most, respondent may have pushed past the other officer rudely and brushed against her. ALJ Miller did not find this to be misconduct. She recommended a penalty of a 15-day suspension with credit for time served.   Dep’t of Correction v. Peterson (in PDF), OATH Index No. 2095/12 (Jan. 11, 2013).

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Food cart vendor violated Code by renting out license and cart for $10,000.

Food cart vendor licenses and permits are not transferable under the NYC Administrative Code. ALJ John B. Spooner found that a vendor violated the Code when he contracted to rent his license and cart to an individual without a vendor’s license for two years for $10,000. Finding that respondent committed a flagrant violation, ALJ Spooner recommended revocation of the licensee’s food vendor permit and license.   Dep’t of Health & Mental Hygiene v. Castillo (in PDF), OATH Index No. 1119/13 (Jan. 13, 2013), adopted, Comm’r Dec. (Feb. 21, 2013).

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Practice and Procedure

Dismissal recommended for tenants who did not appear at hearings marked final.

Three tenants who filed rent-setting applications with the Loft Board failed to appear for a hearing on the applications. The hearing was marked final against them after a prior default, a re-scheduling of the hearing, and new notices of the hearing being mailed to them. ALJ Ingrid M. Addison recommended dismissal of their applications for failure to prosecute their claim.    Matter of Nocera (in PDF), OATH Index Nos. 480/13 & 482/13 (Jan. 18, 2013).

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