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.

Dangerous dog may be taken for evaluation.

ALJ Joan Salzman recommended that the Department of Health and Mental Hygiene immediately take from its owner a dangerous (and unlicensed) pitbull for evaluation.

Dep't of Health and Mental Hygiene v. Yuastella (in PDF), OATH Index No. 2694/09 (June 17, 2009).

Supplemented pleading is sufficient to survive motion to dismiss.

The Commission on Human Rights proved that a landlord discriminated against an elderly, disabled tenant when he refused to replace, at no cost to himself, her bathtub with a walk-in shower.

Matter of Kushner (in PDF), OATH Index Nos. 2736/09 & 2737/09 (June 11, 2009).

Officer off post, misplaced weapon.

ALJ John Spooner found that a correction officer walked off her post guarding an inmate in hospital room, leaving her weapon in the bathroom. The judge recommended the penalty of a 45 day suspension without pay.

Dep't of Correction v. Turpin (in PDF), OATH Index No. 2070/09 (June 23, 2009).

Buildings are single horizontal multiple dwelling.

Tenants of three Manhattan buildings successfully sought coverage under the Loft Law in an application before ALJ Lewis.

Matter of 333 PAS CoO Tenants Group (in PDF), OATH Index No. 968/08 (June 30, 2009).

Department entitled to retain car.

Police Department seized a car following the arrest of the driver for gun possession. The car owner, who was not present at the arrest, sought return of the car as an innocent owner.

Police Dep't v. Romero (in PDF), OATH Index No. 3255/09, mem. dec. (June 3, 2009).