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BenchNOTES

New Staff at OATH


OATH is pleased to welcome Karen Livingston and William Geoghegan.

Karen Livingston joins OATH as our Director of Human Resources. She comes to the job with 35 years of work experience, including 24 years at the Bronx District Attorney's Office.

Bill Geoghegan, OATH's Director of Strategic Planning and Analysis, has been in City service for 24 years.

 
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Last Month's OATH Decisions

Human Rights Law


Landlord's refusal to accept Section 8 voucher violates law.

In March 2008, the City Council amended the City Human Rights Law to prohibit property owners from refusing to rent or lease a housing accommodation based upon the tenant's actual or perceived lawful source of income.

Comm'n on Human Rights ex rel Shmushkina v. New Brooklyn Realty, OATH Index Nos. 2541/08, 2542/08 & 2543/08, mem. dec. (Jan. 2, 2009).

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Licenses


Architect's practice with suspended license warrants loss of filing privileges

ALJ Tynia Richard recommended that an architect lose his right to file and to self-certify documents with the Department of Buildings because he continued to practice while his license was suspended by the state Department of Education.

Dep't of Buildings v. Benlevi, OATH Index No. 395/09 (Jan. 9, 2009).

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Real Property


Oversized advertising signs subject to removal.

This month OATH began hearing cases pursuant to Article 503 of the Building Code, which gives the Commissioner, after notice and hearing, the power to order removal of an illegal advertising sign.

Dep't of Buildings v. 76 Third Avenue, N.Y. Co, OATH Index No. 1249/09 (Jan. 22, 2009); Dep't of Buildings v. 174 Broadway, N.Y. Co., OATH Index No. 1247/09 (Jan. 22, 2009).

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Personnel


Chest bump results in suspension.

ALJ Zorgniotti found that a hospital aide intentionally chest bumped a co-worker, forcefully enough to cause her to stumble. A ten day suspension without pay was recommended.

Health & Hospitals Corp. (Kings Co. Hospital Center) v. Meyers, OATH Index No. 1487/09 (Jan. 26, 2009).

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Practice and Procedure


Hearing not required when material facts are not disputed.

A motion for summary judgment will be granted where there are no disputed issues of material fact and the moving party is entitled to relief as a matter of law. In the absence of a material factual dispute, there is no need for an evidentiary hearing.

Comm'n on Human Rights ex rel Shmushkina v. New Brooklyn Realty, OATH Index Nos. 2541/08, 2542/08 & 2543/08, mem. dec. (Jan. 2, 2009); Comm'n on Human Rights ex rel Shlyakov v. 1347 Ocean Co., LLC, OATH Index No. 2829/08, mem. dec. (Jan. 12, 2009).

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