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BenchNOTES

OATH Technology Specialist wins award


Vanessa Caughman has been selected by DOITT and OATH to receive the 2009 Excellence in Technology Award for Excellence in IT Support and Service.

Ms. Caughman was selected for her outstanding work, over the last year, in improving and maintaining our network and providing support in many different areas.

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Last Month's OATH Decisions

Practice and Procedure: Sanctions


Appearance ban and $2500 fine imposed upon attorney for repeated violation of practice rules and disrespectful acts.

The Chief Administrative Law Judge suspended an attorney indefinitely from practicing before OATH for willfully and persistently violating section 1-13 of the rules of practice during a custodian's disciplinary hearing.

Dep't of Education v. Brust (in PDF), OATH Index. No. 2280/07, mem. dec. (Sept. 25, 2009).

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Human Rights


$50,000 penalty for landlord who refused to modify bathtub for disabled tenant

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.

Comm'n on Human Rights ex rel. Russell v. Chae Choe (in PDF), OATH Index No. 2617/09 (Sept. 25, 2009).

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Real Property


Denial of variance of Watershed regulations affirmed.

Property owner sought variances so she could build a three-bedroom house with a new subsurface sewage disposal system on property located within the New York City Watershed area.

Dortono v. Dep't of Environmental Protection (in PDF), OATH Index No. 247/10 (Sept. 30, 2009).

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Prevailing Wage


ALJ affirms Comptroller’s wage and benefit rate for sewage workers.

ALJ Alessandra Zorgniotti affirmed the Comptroller's preliminary determination that sewage treatment workers and senior sewage treatment workers be paid the same rate of wages and benefits as those provided in the contracts between Consolidated Edison and the utility workers' union for workers in the operating mechanic A and plant operators titles.

Office of the Comptroller ex rel Local 1320 v. Office of Labor Relations(in PDF), OATH Index No. 1522/09 (Sept. 10, 2009).

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Vehicle Retention


Police Department is entitled to retain car.

ALJ Salzman held that the Police Department was entitled to keep a car seized in connection with both its owner's and driver's arrests for possession of marijuana and a loaded firearm.

Police Dep't v. Thompson (in PDF), OATH Index No. 356/10, mem. dec. (Sept. 3, 2009).

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Licensing


Taxi driver cleared of charges he abused passenger.

In a license revocation proceeding, a passenger accused a taxi driver of chocking her, throwing a cup of hot coffee at her, spitting in her face, verbally harassing her, locking her in his cab, and refusing to accept a credit card.

Taxi & Limousine Comm'n v. Pierre (in PDF), OATH Index No. 3449/09 (Sept. 3, 2009).

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Personnel


Officer found fit to return to duty.

The Department of Correction sought to terminate an officer under section 73 of the civil service law for being continuously absent for more than one year due to a non-work related disability.

Dep't of Correction v. A.S. (in PDF), OATH Index No. 2448/09 (Sept. 30, 2009).

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