Custodian forged principal’s signature.

A custodian was charged with forging a principal’s signature on an annual operation plan for cleaning a City school.  ALJ John Spooner found that testimony from the principal and from a Department official proved the forgery and that the custodian filed the plan without permitting the principal to review it.  Termination was recommended.  Dep't of Education v. Bermel (in PDF), OATH Index No. 1332/11 (May 23, 2011), adopted, Chancellor’s Dec. (June 14, 2011).

Engineer’s conviction results in loss of right to file at DOB.

A licensed professional engineer pled guilty to criminal facilitation.  ALJ Alessandra Zorgniotti found the crime related to the engineer’s profession, warranting the penalty of exclusion from Department programs for limited supervisory check and professional certification.  ALJ Zorgniotti found petitioner did not prove engineer knowingly or negligently filed a false statement, as required to justify sanction of ban from filing any application or document with the Department of Buildings under the applicable section of the Administrative Code.  The Commissioner, however, found respondent’s conduct to be sufficiently serious to warrant the penalty of a ban from filing any application or document with the Department.   Dep’t of Buildings v. Phillips  (in PDF), OATH Index No. 1690/11 (May 19, 2011), modified on penalty, Comm’r Dec. (June 2, 2011).

Application to stay hearing denied. 

ALJ Zorgniotti denied an application to stay a proceeding seeking to bar a licensed professional engineer from filing applications or documents with the Department of Buildings while an appeal by co-defendants challenging the constitutionality of the operative statute is pending.  Dep’t of Buildings v. Phillips (in PDF), OATH Index No. 1690/11 (May 19, 2011), modified on penalty, Comm’r Dec. (June 2, 2011).

ALJ orders return of car.

ALJ Ingrid Addison ordered release of a car seized in connection with the owner’s arrest because the Police Department could not prove that it timely served the owner with notice of her right to a retention hearing, as required by the federal court order in Krimstock v. Kelly.  Vehicle retention form did not prove personal service was made at the time of arrest where the verification of service section was not signed by the arresting officer, and the space for a supervising or desk officer to verify service was also left blank.  Brief notation on file folder was insufficient to prove notice was mailed to owner within five days of arrest.  Police Dep’t v. Martinez (in PDF), OATH Index No. 2118/11, mem. dec. (May 3, 2011).

CDRB dismisses appeal for late filing.

The Contract Dispute Resolution Board, chaired by ALJ Kara Miller, dismissed as time-barred an appeal filed by a provider of home attendant services of the Administration’s audit which required the provider to repay Medicaid funds.  Barele, Inc. v. Human Resources Admin. (in PDF), OATH Index No. 1470/11, mem. dec. (May 16, 2011).