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BenchNOTES Newsletter

BenchNOTES - February 2016

Last Month's OATH Decisions

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Campaign Finance

$49,722 penalty recommended for campaign law violations.

A candidate and his campaign committee were charged with violating the Campaign Finance Act during the candidate's unsuccessful campaign for re-election to the City Counsel.    Campaign Finance Board v. Gerson & Friends for Gerson, OATH Index No. 2421/14 (Feb. 19, 2016).

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CDRB dismisses claims as untimely filed.

On appeal a contractor sought $12,570,174 in additional compensation for its subcontractor as a result of delays that lead to increased supervisory costs, relating to a contract with the Department of Design and Construction for the renovation of City Hall.    Hill International, Inc., on behalf of Plaza Construction LLC v. Dep't of Design and Construction, OATH Index No. 613/16, mem. dec. (Feb. 16, 2016).

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Human Rights

ALJ adheres to discovery ruling.

The Commission on Human Rights sought $50,000 in emotional distress damages as a result of respondent's alleged denial to build a wheelchair ramp at one of its building's entrances.   Comm'n on Human Rights v. Westbeth Corp. HDFC, Inc., OATH Index No. 1913/15, mem. dec. (Feb. 9, 2016) and OATH Index No. 1913/15, mem. dec. (Feb. 24, 2016).

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ALJ finds driver did not rebut positive drug test.

The Taxi & Limousine Commission (TLC) sought to revoke a driver's for-hire vehicle license after he tested positive for cocaine.    Taxi & Limousine Comm'n v. Delorbe, OATH Index No. 887/16 (Feb. 11, 2016), adopted, Comm'r Dec. (Mar. 4, 2016).

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Dismissal of charges recommended against supervising sewage treatment worker.

A supervising sewage treatment worker was charged with engaging in a verbal altercation, throwing chairs and slamming doors.   Dep't of Environmental Protection v. Giacia, OATH Index No. 211/16 (Feb. 10, 2016).

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Real Property

Unit meets size requirement for Loft Law coverage.

In a Loft Law coverage case, the owner conceded the petitioner met all requirements except whether her unit met the minimum size requirement.    Matter of Manganaan, OATH Index No. 344/15 (Feb. 24, 2016).

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Vehicle Retention

ALJ orders return of motorcycle to owner.

The Police Department seized a motorcycle in connection with respondent's arrest for criminal possession of a weapon in the second degree and related lesser charges.   Police Dep't v. Brown, OATH Index No. 1360/16, mem. dec. (Feb. 2, 2016).

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