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BenchNOTES Newsletter

BenchNOTES - December 2015

Last Month's OATH Decisions

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Human Rights

Landlord violated HRL when he refused voucher.

ALJ John B. Spooner found that a landlord violated the City Human Rights Law (HRL) when he refused to accept a public assistance "security voucher" that the complainant had offered in lieu of a security deposit.   Comm'n on Human Rights ex. rel. Agosto v. American Construction Associates, LLC, OATH Index No. 1964/15 (Dec. 1, 2015).

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ALJ recommends revocation of trade waste business' registration.

The Business Integrity Commission (BIC) alleged that respondent, a trade waste business and its principal, failed to notify BIC of their indictment for operating an illegal solid waste management facility and illegally dumping hazardous materials at a park in Suffolk County.   Business Integrity Comm'n v. 5 Brothers Farming Corp., OATH Index No. 814/16 (Dec. 7, 2015).

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Employee may be disciplined for excessive absences.

The Triborough Bridge and Tunnel Authority (TBTA) charged a Bridge and Tunnel Officer (BTO) with incompetency for excessive absenteeism under section 75 of the Civil Service Law.   Triborough Bridge & Tunnel Auth. v. Beverly, OATH Index No. 2238/15 (Nov. 30, 2015), adopted, Auth. Dec. (Dec. 28, 2015).

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CDRB dismisses delay damages claims.

In an appeal before the Contract Dispute Resolution Board (CDRB), a contractor sought an additional $318,124 for costs incurred when its elevator modernization and maintenance contract was extended for seven years beyond the scheduled completion date.   Centennial Elevator Industries, Inc. v. Dep't of Citywide Admin. Services, OATH Index No. 622/16, mem. dec. (Dec. 4, 2015).

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Prevailing Wage

Contractor failed to pay prevailing wages and benefits to security employees.

Services contractor admitted to failing to pay prevailing wages and benefits of $1.8 million to 28 security employees working at the Health and Hospitals Corporation (HHC) offices.   Office of the Comptroller v. Paramount Security Group, Inc., OATH Index No. 2553/15 (Dec. 2, 2015).

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Vehicle Retention

Police Department may retain seized car.

A car owner moved for the return of his car on the ground that the Police Department did not serve him with notice of his right to a retention hearing at the time of seizure or by mail as required by Krimstock v. Kelly.   Police Dep't v. Rich, OATH Index No. 946/16, mem. dec. (Dec. 15, 2015).

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