This July marks the thirtieth year since the Office of Administrative Trials and Hearings (OATH) was established by Executive Order No. 32 in 1979. Serving as the center of the administrative hearing system for New York City government, the agency has grown tremendously thanks to the hard work and dedication of its employees.

Concrete testing company's license revoked.

ALJ Alessandra Zorgniotti found that respondent, concrete testing laboratory, failed to comply with license conditions set forth in the former Building Code.

Dep't of Buildings v. Stallone Testing Laboratories, Inc. (in PDF), OATH Index No. 362/10 (Aug. 26, 2009).

Contract Dispute Resolution Board (CDRB) lacks jurisdiction over delay damages.

The Contract Dispute Resolution Board, chaired by ALJ John Spooner, denied an electrical contractor's claim for additional compensation for costs it incurred when the Department of Sanitation initially changed the project specifications before reverting the specifications to what was originally required under the contract.

J.H. Electric of New York, Inc. v. Dep't of Sanitation (in PDF), OATH Index No. 2637/09, mem. dec. (Aug. 27, 2009).

Employee's "Virginia Tech shooter" comments posed a threat

The Fire Department proved that a fire protection specialist engaged in misconduct when he loudly refused to comply with his supervisor's instructions, regularly used profanity in the workplace, engaged in a physical altercation with his supervisor, and compared his workplace, Metrotech, with the Virginia Tech shootings, and himself with the shooter.

Fire Dep't v. Krasner (in PDF), OATH Index No. 2967/09 (Aug. 18, 2009).

High blood alcohol level presents public safety risk.

In a vehicle retention case, ALJ Rodriguez found that the Department was entitled to maintain custody of a vehicle seized pursuant to an arrest for operating a vehicle while intoxicated.

Police Dep't v. Rodriguez-Toribio ( in PDF), OATH Index No. 302/10, mem. dec. (Aug. 7, 2009).

Dead Man's Statute does not apply.

ALJ Zorgniotti admitted into evidence the tape-recorded sworn testimony of a deceased witness over respondent's hearsay objection. The ALJ found that the Dead Man's Statute did not apply in an administrative hearing.

Dep't of Buildings v. Stallone Testing Laboratories, Inc. (in PDF), OATH Index No. 362/10 (Aug. 26, 2009).