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BenchNOTES

Proposed Changes to OATH's Rules of Practice


OATH is proposing changes to its rules of procedure with the goal of making the hearing process more transparent and efficient, while continuing to provide fair and impartial treatment for parties and litigants.

One proposed change is to the pleadings rule, section 1-22. The amendment would allow an ALJ to direct petitioner to re-plead the petition where it does not place respondent on notice of the allegations and the remedy sought or when the petition is written in a duplicative or confusing manner.

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Last Month's OATH Decisions

Personnel


ALJ found parks worker took part in Nazi skit, displayed swastikas on locker.

ALJ John Spooner found that a park worker had harassed and mistreated a Jewish co-worker based on religion in violation of the City's Equal Employment Opportunity policy.

Dep't of Parks & Recreation v. Mullusky (in PDF), OATH Index No. 2041/09 (May 26, 2009).

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Human Rights


Van service refused to transport customer because she was using wheelchair.

ALJ Lewis found that a private bus company discriminated against a customer based upon her disability when one of its drivers refused to help the customer onto the van because she was using a wheelchair.

Comm'n on Human Rights ex rel Alvarez v. Gerardo's Transportation (in PDF), OATH Index No. 2045/09 (May 22, 2009).

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Land Use


ALJ recommends removal of oversized advertising signs.

ALJ Alessandra Zorgniotti found that building owners and occupants erected and maintained outdoor advertising signs exceeding 500 square feet without a permit in violation of the City Zoning Resolution and Administrative Code.

Dep't of Buildings v. 7 Second Avenue, New York County (in PDF), OATH Index No. 2277/09 (May 22, 2009).

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Licensing


Revocation recommended for taxicab owner who refused to install required technology system in taxi.

In a fitness hearing, a taxicab medallion owner was charged with failing to install a taxicab technology system (also known as TPEP) in his cab, as required by Commission rule.

Taxi & Limousine Comm'n v. Bianco (in PDF), OATH Index No. 2927/09 (May 28, 2009).

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Vehicle Retention


ALJ directs return of seized car to owner.

ALJ Kara Miller ruled that the Police Department must return a car seized following the owner's arrest for criminal possession of a loaded firearm.

Police Dep't v. Mathieu (in PDF), OATH Index No. 3120/09, mem. dec. (May 29, 2009). 

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