Termination of employment recommended for sanitation worker based on petit larceny conviction.

Pursuant to Mayoral Executive Order No. 16, the Department of Sanitation sought to terminate the employment of a worker who had been convicted of petit larceny.  The Order provides for the dismissal of any City employee convicted of a crime relating to their employment, which crime involves moral turpitude or bears upon their fitness to perform their duties.  Respondent had obtained a pension loan from the City for $3,680.  After cashing the check, he filed a sworn affidavit that he had not received it.   Dep’t of Sanitation v. Ragone (in PDF), OATH Index No. 1970/11 (Aug. 9, 2011).

Food vendor fraudulently submitted license applications under multiple names.

ALJ Joan R. Salzman found that a mobile food vendor repeatedly used false identities to obtain new licenses despite a substantial record of health code violations and unpaid fines.  She recommended revocation of his current license and denial of any future license applications under any of his aliases.   Dep’t of Health and Mental Hygiene v. Metwaey (in PDF), OATH Index No. 2530/11 (Aug. 2, 2011).

Co-op board failed to accommodate tenant’s disability by denying her companion dog. 

ALJ Richard found that Riverbay Corporation, manager of more than 15,000 units in Co-op City, discriminated against a tenant by refusing her request for waiver of the no-pets policy so that she could keep her companion animal.  The tenant, who was diagnosed with depression and post-traumatic stress disorder, had filed a formal request for an accommodation to keep her pet dog in her apartment, supported by the diagnoses of her psychiatrist and therapist.  Comm’n on Human Rights ex rel. L.D. v. Riverbay Corp (in PDF), OATH Index No. 1300/11 (Aug. 26, 2011).

Loft tenant not entitled to claim space previously occupied by deceased tenant. 

A loft building owner sought a finding of abandonment after the tenant who lived in the loft unit had died.  The unit was originally part of one much larger unit which had been divided into two units.  The current occupant of the second unit contested the application.  Matter of Korean American Assoc. of Greater New York (in PDF), OATH Index No. 2015/11 (Aug. 17, 2011).