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BenchNOTES

New Staff at OATH


OATH is pleased to welcome John Evangelista and Celestine McLaurin. Both join OATH in connection with the transfer of the Environmental Control Board (ECB) to OATH.

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OATH/ECB


As reported in the August 2008 issue of BenchNotes, Mayor Bloomberg signed into law legislation consolidating the Environmental Control Board (ECB) under the jurisdiction of OATH.

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Last Month's OATH Decisions

Personnel


Sanitation worker used Department truck for unauthorized purpose.

A sanitation worker was found to have disobeyed a supervisor's order and used a Department truck for an unauthorized purpose when he drove to a pay phone to call the police after allegedly being assaulted by a civilian on his route.

Dep't of Sanitation v. Pulliam (in PDF), OATH Index No. 1976/08 (Oct. 20, 2008).

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Human Rights


Livery driver fined for discriminatory conduct towards passenger.

A livery cab driver was found to have engaged in racial discrimination for his conduct toward a passenger he picked up as a street hail.

Comm'n on Human Rights ex rel. Gardner v. I.J.K. Service, Inc. (in PDF), OATH Index No. 1921/08 (Oct. 10, 2008).

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Vehicle Retention


Innocent owner entitled to release of seized car.

ALJ Casey ordered the Police Department to release a vehicle seized from a woman after her son's arrest for robbery and criminal possession of a weapon.

Police Dep't v. Filer (in PDF), OATH Index No. 602/09, mem. dec. (Oct. 3, 2008

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Licensing


Arrest for weapons possession provides basis to suspend for-hire vehicle driver's license.

ALJ Casey recommended continued license suspension for a for-hire vehicle driver who was arrested for menacing and criminal possession of a weapon.

Taxi & Limousine Comm'n v. Bogy (in PDF), OATH Index No. 989/09 (Oct. 1, 2008).

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Loft Law


Tenants are entitled to unrestricted passenger and freight elevator service.

In a diminution of services proceeding, ALJ Alessandra Zorgniotti recommended that tenants in an IMD building be granted 24-hour a day, seven days a week passenger and freight access to the building's elevator.

Matter of Newmann (in PDF), OATH Index No. 2680/08 (Oct. 30, 2008).

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