This month we feature the Calendar Unit, a group which is indispensible to the smooth functioning of OATH.

     Under the direction of Elaine VanRhyn, unit supervisor, and with the able assistance of Karen Hamilton and Jennifer Lafond, the Calendar Unit, as the name implies, manages OATH's calendars by scheduling cases and assigning judges.

     In addition, the Calendar Unit tracks all significant case activity in the case tracking system and maintains all case records.

Last Month's OATH Decisions

Human Rights

Age and gender discrimination proven.

     ALJ Ingrid Addison recommended $640 in lost wages and a $1,000 civil penalty be imposed against a dry cleaners found to have engaged in age and gender discrimination.

     The cleaners replaced an 80-year old woman working as a trouser presser with a male individual, after calling her "an old woman." ALJ Addison dismissed the complaint as against the alleged wife of the business's owner for inadequate service, as there was no proof of either personal service or service by mail.

Comm'n on Human Rights ex rel. Canty v. Magnamart Cleaners & Launderers, OATH Index No. 2659/08 (Aug. 7, 2008).

Vehicle Retention

Husband not innocent owner.

     ALJ Charles McFaul found that the Police Department was entitled to retain a vehicle seized when the wife of the owner of the vehicle was arrested for possession of large amounts of cocaine and heroin.

Police Dep't v. Kong, OATH Index No. 583/09, mem. dec. (Aug. 20, 2008).

Procedure

Motion to dismiss based upon spoliation of evidence denied.

     ALJ John Spooner rejected a correction officer's motion to dismiss disciplinary charges based upon the spoliation of certain logbooks sought as evidence.

     Explaining that under New York law, sanctions for spoliation of evidence are appropriate where a litigant intentionally or negligently disposes of crucial evidence before the adversary has an opportunity to inspect them, the ALJ concluded that the officer failed to establish how the logbooks disappeared or how the disappearance would prejudice his defense.

Dep't of Correction v. Archibald, OATH Index Nos. 2214/08, 2215/08 & 2216/08, mem. dec. (Aug. 15, 2008).

Licensing

Actual notice cures service defect.

     A medallion owner challenged service of a directive requiring him to supply certain information to the Commission within ten days.

Taxi & Limousine Comm'n v. Nitram Cab Corp., OATH Index No. 2809/08 (Aug. 4, 2008).

Loft Law

Mother and adult son entitled to protected status.

     A mother and her son filed an application with the Loft Board seeking protected occupancy rights to two separate floors of an IMD building.

     While the landlord conceded that the mother was a protected tenant of the fourth floor unit, ALJ Spooner found that the record demonstrated that over the last ten years, the landlord dealt with her as the tenant of the second floor as well, making her additionally a protected occupant of that floor.

Matter of Malis, OATH Index No. 209/08 (Aug. 26, 2008).

Personnel

Termination for sanitation worker who solicited bribes.

     ALJ Alessandra Zorgniotti recommended dismissal of a sanitation worker found to have solicited money from two homeowners to collect bulk material.

     ALJ Zorgniotti explained that "[s]oliciting a bribe or gratuity for the performance of one's duties is an act of corruption that cannot be tolerated," and which "necessitates a severe sanction, both to discipline the employee and to deter future similar conduct by other employees."

Dep't of Sanitation v. Norris, OATH Index No. 2352/08 (Aug. 11, 2008).