BenchNOTES - September 2015

Last Month's OATH Decisions

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Licensing

Child care provider improperly supervised toddlers.

In permit revocation proceeding, respondent, a child-care service provider, was charged with Health Code violations, including failure to properly supervise a group of infant-toddlers. Evidence, including a video, showed that a maintenance worker had left the entrance door open and two toddlers ran outside.   Dep't of Health & Mental Hygiene v. Wonderful Quality Time, Inc., OATH Index No. 46/16 (Sept. 30, 2015).

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Campaign Finance Law

Board not required to release candidate and committee from program.

Candidate and campaign committee (respondents) were charged with 17 violations of the City Campaign Finance Act. After pre-trial conferences where respondents provided additional information, petitioner sought $111,195 for 11 alleged violations.   Campaign Finance Bd. v. Gerson & Friends for Gerson, OATH Index No. 2421/14 (Sept. 8, 2014).

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Personnel

Campus security officer wrongly put on leave.

ALJ Tynia D. Richard found that City University of New York (CUNY) failed to prove that a campus peace officer was medically unfit to perform the duties of his position due to a heart condition.    City University of New York v. P.M., OATH Index No. 2523/15 (Sept. 1, 2015).

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Prevailing Wage

Contractor did not pay prevailing wages and benefits.

ALJ Lewis found that a contractor willfully failed to pay prevailing wages and benefits to 25 workers on public works projects at Kings County Hospital Center and Jacobi Medical Center.   Office of the Comptroller v. Astro Communications of NY Corp., OATH Index No. 1981/15 (Sept. 10, 2015).

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Practice and Procedure

Request to remove name from decision granted.

An applicant in an appeal from a denial of a marriage license made a request that her name be removed from the published decision. ALJ Astrid B. Gloade noted that OATH proceedings are presumptively open and its decisions issued without redaction but here there was a legal basis to grant the request.   Office of the City Clerk v. M.D., OATH Index No. 2620/15 (Sept. 29, 2015),adopted, City Clerk's Dec. (Sept. 30, 2015).

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