Since its establishment in 1979, the Office of Administrative Trials and Hearings has served as a benchmark of independent administrative adjudication. Fiscal year 2009 was no different, as OATH continued to ensure the impartial and fair resolution of more than three thousand cases impacting the lives of all City employees and members of the public who have interactions with the City.

CASES FILED BY TYPE FOR FY09

We are pleased to announce that OATH is co-sponsoring a CLE program with the New York City Bar's Committee on Administrative Law, and the Office of the Administrative Justice Coordinator.

The program, titled “Representing Clients Before New York City Administrative Tribunals,” will be held at the City Bar, on Thursday, June 3, 2010, 6:00 to 8:30 pm. The presentation will focus on how to represent clients effectively in City administrative tribunals such as the Office of Administrative Trials & Hearings, the Taxi & Limousine Commission, and the Environmental Control Board. David B. Goldin, Administrative Justice Coordinator, will Chair the panel. Speakers include administrative law judges, agency attorneys, and lawyers who practice before City tribunals. Those in attendance will receive 2.5 skills credits.

To enroll in the program, go to http://www.nycbar.org/EventsCalendar/show_event.php?eventid=1407

Taxi license revocation for DWI conviction.

Commission brought fitness proceeding against for-hire vehicle driver based upon his conviction for driving while intoxicated. At trial, the driver testified about a romantic encounter set up by a Russian friend, being drugged and robbed, and passing out. ALJ John Spooner found the driver's “tale of blue elixirs, Russian crime czars, and three highly opportune blackouts on the night of his arrest was unremittingly incredible.” The conviction proved the driver drove a vehicle while intoxicated. License revocation recommended.

Taxi & Limousine Comm'n v. Aslam (in PDF), OATH Index No. 2151/10 (Apr. 29, 2010).

Employee entitled to reinstatement, back pay, leave restoration.

ALJ Tynia Richard found that reported records of written complaints to various agencies, without threats or inappropriate language, were insufficient to prove that special officer was mentally unfit to perform the duties of her position. The ALJ recommended immediate return to duty, plus back pay and restoration of leave credits, as the employer did not show there were “exceptional circumstances” requiring immediate placement on involuntary leave.

Admin. For Children's Services v. J.M. (in PDF), OATH Index No. 3350/09 (Apr. 5, 2010).

Advocates reminded to provide copies of notices.

ALJ Richard reminded agency advocates to provide OATH with all relevant notices, including the notice placing an employee on pretrial involuntary leave, so that relevant factors may be considered in assessing an adjournment request. In a disability proceeding, the agency placed an employee on pretrial emergency leave without supplying a copy of the notice to OATH. The trial was adjourned without either party informing the trial judge that the employee was on a prolonged pre-hearing involuntary leave. The judge learned of her status, more than eight months after her initial placement on leave, when OATH received an email from the employee complaining about the failure to give her an “expeditious trial.” Where an employee is on pre-hearing leave it may be prudent to seek the employee's explicit consent to the delay of her hearing to avoid unneeded confusion.

Admin. For Children's Services v. J.M. (in PDF), OATH Index No. 3350/09 (Apr. 5, 2010).

Claim denied in part.

The Contract Dispute Resolution Board (CDRB), chaired by ALJ Kara Miller, granted in part and denied in part, the City's motion to dismiss the petition. Claims for delay damages and liquidated damages were dismissed as beyond the Board's jurisdiction. The contractor's claim relating to substantial completion of the contract was preserved for oral argument.

Schlesinger-Siemens Electrical, LLC v. Dep't of Environmental Protection (in PDF), OATH Index No. 1817/10, mem. dec. (Apr. 28, 2010).

SRO owner harassed tenants.

ALJ Spooner recommended denial of SRO building owner's application for certificate of no harassment. Evidence showed the owner expressly told tenants to leave and then leased portions of the buildings to a dog kennel, an auto body show, and a convicted sex offender operating a bed and breakfast.

Dep't of Housing Preservation & Development v. Jusewitz (in PDF), OATH Index No. 347/10 (Apr. 7, 2010).