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BenchNOTES Newsletter

BenchNOTES - October 2013

Last Month's OATH Decisions

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Officer can be disciplined for off-duty fight.

Respondent, a Bridge and Tunnel Officer, was charged with misconduct for his role in a fight at a car wash. Respondent approached a car wash employee, said his car was damaged and asked to speak to a supervisor. When the employee balked, respondent shoved the employee. Several employees surrounded respondent.   When two advanced on him, respondent displayed his firearm.  Triborough Bridge & Tunnel Auth. v. Francis, OATH Index No. 825/13 (Oct. 10, 2013).

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Licensee violated BIC rule.

The Business Integrity Commission (BIC) charged respondent with parking a vehicle licensed to transport trade waste on a City street for more than one hour while not in use, in violation of BIC rules, which require licensees to provide off-street parking for their vehicles when not in use. At the hearing, respondent argued that he has a multi-use vehicle which was in use at the time, but not for trade waste collection.  Business Integrity Comm’n. v. H. L. General Contractors, Inc., OATH Index No. 759/14 (Oct. 21, 2013).

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Vehicle Retention

ALJ orders PD to return car.

The Police Department sought to retain respondent’s vehicle seized in connection with his arrest for driving while under the influence of alcohol. ALJ Raymond E. Kramer ordered the Department to return the car, finding that it did not show that retention of the car was necessary to prevent a risk to public safety.  Police Dep’t v. Romeo, OATH Index No. 682/14, mem. dec. (Oct. 24, 2013).

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Human Rights

Motion to vacate default granted.

The Commission on Human Rights filed a motion seeking to declare respondents in default for failing to timely file an answer to its complaint, which alleged respondents engaged in gender discrimination. ALJ Alessandra F. Zorgniotti granted the Commission’s motion in accordance with OATH’s Rules of Practice. Comm’n on Human Rights v. Xio Lounge, OATH Index No. 2150/13, mem. dec. (Oct. 28, 2013).

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