Correction officer's use of chemical agent not justified.

ALJ Faye Lewis found that a correction officer used impermissible force by dispersing a chemical agent in an inmate's face and placing him in a chokehold. The officer claimed force was justified because the inmate made an aggressive motion towards the officer after disobeying an order to return to his cell. However, videotape showed that before the officer deployed the spray, the inmate had turned around and placed his hands behind his back. Dep't of Correction v. Saint-Phard (in PDF), OATH Index No. 172/11 (Nov. 23, 2010).

Cement co. used residential lot to store and repair containers, trucks; closure order recommended.

In a proceeding brought by the Department of Buildings seeking to padlock a lot used for commercial purposes in a residential zone, the property owner raised the defense of a prior non-conforming use. ALJ John Spooner found the owner's proof did not establish that a legal commercial use had existed at the premises since 1947, when the lot was zoned exclusively residential. Order of closure recommended.  Dep't of Buildings v. 159-17 Meyer Ave., Queens, New York, (in PDF), OATH Index No. 1849/10 (Nov. 1, 2010).

Engineer's negligent filings result in exclusion from self-certification programs.

ALJ Kevin Casey found that a licensed engineer submitted four professionally certified applications in 2008 containing errors that demonstrated incompetence or a lack of knowledge of applicable laws. Finding petitioner's conduct to be negligent, but not fraudulent, ALJ Casey found that permanent exclusion from the Department's limited supervisory review and professional certification programs would be an excessive penalty.  Dep't of Buildings v. Velasquez (in PDF), OATH Index No. 1557/10 (Nov. 24, 2010), modified on penalty, Comm'r Decision (Dec. 2, 2010).