OATH recently revised its website and we invite you to check it out. The improvements have created a clean look and feel that are designed to make information more easily accessible on the site. We also have tried to use straight-forward and concise language in order to help the widest possible audience to quickly find the information they need.

We would like to take this opportunity to thank those who worked on this redesign project, especially Keilanny Meyreles, OATH's Network Administrator, Vanessa Caughman, OATH's e Web Developer and DoITT's Web Team.

Please take a moment to look at the site http://www.nyc.gov/html/oath/html/home/home.shtml.

HRC may add additional party.

In a Human Rights case, ALJ Tynia Richard granted the Commission's motion to amend the complaint to add another party as a respondent even though the statute of limitations had expired. There the claims against the new party arose out of the same act as the original claims, the new party was united in interest with the named respondents, and the new party was aware that, but for the Commission's mistake, the action would have been brought against it as well. Accordingly, ALJ Richard found it was appropriate to apply the relation-back doctrine under which the claims against the new party would relate back to when the complaint was filed against the original respondents.

Comm'n on Human Rights ex rel. Hsu v. HSBC Bank (in PDF), OATH Index No. 522/09, mem. dec. (Jan. 22, 2010).

EMT's resignation does not stop hearing from going forward.

The Fire Department sought a ruling against an emergency medical technician (EMT) for sexually abusing a patient. Though the EMT had already resigned, ALJ John Spooner heard the case as the charges had been served upon the EMT prior to his resignation. ALJ Spooner found that there was sufficient evidence to support the charges. He noted, however, that he could not recommend a penalty due to the EMT's resignation.

Fire Dep't v. Hardy (in PDF), OATH Index No. 1430/10 (Jan. 21, 2010).

Taxi driver overcharged passengers more than 500 times.

At a licensing hearing the Taxi and Limousine Commission sought to revoke the license of a taxicab driver for overcharging passengers. ALJ Zorgniotti found that the driver had overcharged passengers approximately 574 times within a one-month period by intentionally using an incorrect rate. As such, the ALJ recommended that the driver be fined and his hack license revoked.

Taxi & Limousine Comm'n v. Cheema (in PDF), OATH Index No. 1450/10 (Jan. 21, 2010).

Contractor's claim for more money based on its miscalculation is denied.

The Contract Dispute Resolution Board, chaired by ALJ Joan Salzman, denied a claim by a contractor for extra costs associated with the removal of granular activated carbon (GAC) from a structure at Jerome Park Reservoir. The contractor argued that the amount of GAC at the site was well beyond what it had anticipated in placing its lump sum bid for the project. Noting that the contract required bidders to inspect the site and clarify any ambiguities prior to bidding and that the contract required the removal of all GAC at the site, the Board found that the contractor's mistake in estimating the quantity of GAC did not justify additional compensation from the Department.

Angelakis Construction Corp. v. Dep't of Environmental Protection (in PDF), OATH Index No. 3525/09, mem. dec. (Jan. 19, 2010).