BenchNOTES - October 2016

Last Month's OATH Decisions

The documents below are in PDF format. Download the Adobe Reader now.

Vehicle Rentention

Police Department may retain car.

ALJ Alessandra F. Zorgniotti held that the Police Department was entitled to retain a car seized in connection with an arrest for possession of narcotics with intent to sell pending a forfeiture action.

Police Dep’t v. Pagan, OATH Index No. 591/17, mem. dec. (Oct. 4, 2016).

Read more

Personnel

City worker coerced former client to house worker’s friend.

ALJ John B. Spooner recommended termination of employment for a child protective specialist who coerced a former client into housing a friend, made false statements to investigators, and accessed confidential records without authorization.

Admin. for Children’s Services v. Lowe, OATH Index Nos. 1342/16 & 1904/16 (Oct. 19, 2016), adopted, Comm’r Dec. (Oct. 25, 2016).

Read more

Licensing

Taxi driver used force against passenger.

ALJ Noel R. Garcia found that petitioner proved that respondent, a taxicab driver, harassed and used force against a passenger by exiting his taxicab and following the passenger while demanding a fare, grabbing and holding onto the passenger’s bag, grabbing his suit jacket, and striking the passenger in the face.

Taxi & Limousine Comm’n v. Behar, OATH Index No. 0076/17 (Oct. 14, 2016), adopted, Comm’r Dec. (Nov. 7, 2016).

Read more

Prevailing Wage

Subcontractor willfully failed to pay prevailing wages and benefits.

The Comptroller proved a subcontractor failed to pay prevailing wages and supplemental benefits to nine employees on public works contracts and falsified payroll records.

Office of the Comptroller v. East Port Excavation & Utilities Inc. & Governale et al., OATH Index No. 1889/16 (Oct. 25, 2016).

Read more