Use of force charges dismissed against 7 DOC members of service.

ALJ Julio Rodriguez dismissed most of the charges brought against seven correction officers. He found that the Department failed to prove that the officers used or witnessed force being used against an inmate while that inmate was being searched.

Dep't of Correction v. Patterson (in PDF), OATH Index Nos. 2080/08, 2081/08, 2082/08, 2083/08, 2084/08, 2085/08, 2088/08 (Apr. 9, 2009).

For-hire driver verbally abused, harassed inspectors.

In a license revocation proceeding, a for-hire driver admitted calling two Commission inspectors, who had given him a summons for parking in a bus stop, "black assholes."

Taxi & Limousine Comm'n v. Martinez (in PDF), OATH Index No. 2134/09 (Apr. 1, 2009).

Prior non-conforming use is affirmative defense in padlock proceeding.

In a padlock proceeding, ALJ Salzman found no legal support for the respondent's contention that the Department of Buildings had the burden of proving the absence of a prior continuous nonconforming use.

Dep't of Buildings v. 120 St. Marks Place, Manhattan (in PDF), OATH Index No. 648/09 (Apr. 27, 2009).

Tenant abandoned loft to move to Italy.

ALJ Faye Lewis recommended that the Loft Board grant an abandonment application where the protected tenant left his apartment to go to Italy and "gave" it to a subtenant.

Matter of 67 Vestry Street LLC (in PDF), OATH Index No. 1419/09 (Apr. 30, 2009).

Broadcast engineers' wages are prevailing for City radio repair mechanics.

ALJ Lewis upheld the Comptroller's preliminary determination finding that radio repair mechanics (RRMs) employed by the City should be paid commensurate with the wages set forth in the collective bargaining agreement of broadcast engineers employed by ABC.

Office of the Comptroller, ex rel. Local 1087 v. Office of Labor Relations (in PDF), OATH Index No. 2451/08 (Apr. 6, 2009).

Contractor is denied additional payment for cancelled dredging work.

The Contract Dispute Resolution Board denied a contractor's claim for a credit for work that was deleted from its contract with the City. Petitioner contracted with the Department of Environmental Protection to remove dredge material from the Paerdegat Basin.

Pile Foundation Construction Co., Inc. v. Dep't of Environmental Protection (in PDF), OATH Index No. 1785/09, mem. dec. (Apr. 15, 2009).

Officer found fit to return to duty.

ALJ Richard recommended dismissal of disciplinary charges where the Department of Correction did not prove timely service of the charges and the limitations period has run.

Dep't of Correction v. Washington (in PDF), OATH Index No. 736/09 (Apr. 17, 2009).