Glove supplier's claim for lost profits denied.

The Contract Dispute Resolution Board (“CDRB”), chaired by ALJ John Spooner, denied claims brought by a supplier arising from its contract to supply rubber gloves to the Fire Department and EMS for use by medical professionals and first responders. The CDRB found the supplier did not show it was underpaid for delivered gloves or that it was wrongly held to be in default for undelivered orders. The CDRB also rejected the supplier's claim that the City terminated the contract in bad faith, finding the supplier's record of late deliveries of critical supplies provided sufficient basis to terminate the contract.  Glove USA, Inc. v. Dep't of Citywide Administrative Services (in PDF), OATH Index No. 2603/10, mem. dec. (Sept. 27, 2010).

Appeal from marriage license rejection denied.

The City Clerk preliminarily denied a marriage license application based upon its discovery that four prior marriage licenses had been issued in New York City in 1985, 1992 and 1994 to a woman with the same name, date of birth and birthplace as the applicant. The applicant appealed and at her OATH hearing she denied that she was ever married before. She tried to establish that she was living in Puerto Rico at the time the four marriages occurred and she accused her identical twin sister, now deceased, of using her identity to marry for financial gain.  Office of City Clerk v. Estrada (in PDF), OATH Index No. 258/11 (Sept. 30, 2010).

AWOL charges dismissed.

ALJ Tynia Richard dismissed AWOL charges brought against a hospital employee where the hospital improperly conditioned his return to duty upon presentation of medical clearance. Health & Hospitals Corp. (Bellevue Hospital Ctr.) v. A.S (in PDF), OATH Index No. 2742/10 (Sept. 27, 2010).

Co-owner not entitled to release of car.

Police Department seized a car in connection with driver's arrest for driving while intoxicated. The driver was subsequently sentenced to four months in prison as a repeat offender. His wife sought return of the car pending the forfeiture hearing, claiming she is an innocent co-owner. Police Dep't v. Cox (in PDF), OATH Index No. 733/11, mem. dec. (Sept. 29, 2010).

Harassment of SRO tenants found.

A certificate of no harassment may be rescinded if the Commissioner finds harassment occurred at the premises after it was issued and prior to the commencement of substantial work. ALJ Zorgniotti found harassment had occurred after the certificate had been issued and she recommended that the certificate be rescinded. Dep't of Housing Preservation & Development v. Stephenson (in PDF), OATH Index No. 2945/10 (Sept. 3, 2010).

Agency emails are subject of discovery dispute.

In a padlock proceeding, in response to the property owner's discovery request, petitioner asserted the deliberative process and attorney-client privileges to resist disclosure of intra-departmental e-mails. The deliberative process privilege is intended to protect effective government decision-making.   Dep't of Buildings v. 159-17 Meyer Ave., Queens, N. Y. (in PDF), OATH Index No. 1849/10, mem. dec. (Sept. 3, 2010).