Practitioners should be aware that the rules governing ECB hearings were transfered from Title 15 into Title 48 of the Rules of the City of New York (RCNY).

Suspension recommended for "runner" in an illegal gambling operation.

Respondent, a sanitation supervisor, pled guilty to conspiracy to defraud the U.S. government by being a "runner" in an illegal gambling operation, a felony.

Dep't of Sanitation v. Iocovello (in PDF), OATH Index No. 195/09 (Dec. 10, 2008).

Vehicle ordered released after prostitution arrest of passenger.

ALJ Kara Miller held that the Police Department was not entitled to retain possession of a vehicle seized in connection with a passenger's arrest for prostitution.

Police Dep't v. Strunk (in PDF), OATH Index No. 1705/09, mem. dec. (Dec. 19, 2008).

Architect loses right to make DOB filings for practicing with revoked license.

ALJ John Spooner recommended excluding the respondent, an architect whose license was revoked in 2003, from making filings with the Department and from using the professional self-certification procedure permitted to licensed architects.

Dep't of Buildings v. Giangrande (in PDF), OATH Index No. 897/09 (Dec. 10, 2008).

Abandonment established where decedent's family released claims to the unit.

After the death of a tenant protected by the Loft Law, the building's owner filed an abandonment application. Although succession rights may be asserted by a deceased tenant's family, the children of this tenant entered into a stipulation releasing any claims to the unit.

Therefore, under the Loft Board's rules, the death of the tenant established abandonment, and ALJ Richard recommended granting the application.

Matter of Peachy (in PDF), OATH Index No. 746/09 (Dec. 3, 2008).