Failure to secure post charge dismissed.

ALJ Tynia Richard recommended dismissal of a charge that a correction officer failed to secure his post. The evidence showed that the lock on an entrance door was broken when the respondent arrived for his shift and that the officer on duty before him told him that he had already filed a work order.

Dep't of Correction v. Long (in PDF), OATH Index No. 2464/09 (July 8, 2009).

Police Department may retain seized car.

ALJ Richard found that the Department was entitled to retain a vehicle seized when the driver was arrested for driving without a license and possession of a loaded firearm.

Police Dep't v. Mason (in PDF), OATH Index No. 166/10, mem. dec. (July 28, 2009).

Denial of marriage license application upheld.

ALJ Alessandra Zorgniotti upheld the City Clerk's denial of a marriage license based on its records that there were two other marriages in the applicant's name.

Office of the City Clerk v. Brown (in PDF), OATH Index No. 2335/09 (July 15, 2009).

Denial of variance application upheld.

A landowner appealed the Department of Environmental Protection's denial of a variance concerning the construction of a subsurface sewage treatment system. The landowner indicated that the size and shape of her plot prevented her from installing the system the required 100 feet from a nearby stream.

Carreras v. Dep't of Environmental Protection (in PDF), OATH Index No. 3032/09 (July 23, 2009).

Claim for costs associated with overspray clean-up denied.

The Contract Dispute Resolution Board, chaired by ALJ Richard, denied a general construction contractor's claim for additional compensation from the Department of Sanitation for costs associated with removing fireproofing material that was accidentally over-sprayed by one of its subcontractors onto work and equipment of the heating, ventilation, and air conditioning (HVAC) contractor during the construction of a garage.

Tully Construction Co., Inc. v. Dep't of Sanitation (in PDF), OATH Index No. 2321/09, mem. dec. (July 21, 2009).

Landlord harassed SRO tenant.

The Department of Housing Preservation and Development proved that a SRO owner harassed a tenant.

Dep't of Housing Preservation & Development v. Gill(in PDF), OATH Index No. 2729/09 (July 30, 2009).