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Last Month's OATH Decisions

Personnel


Dismissal recommended for firefighter's use of cocaine.

At trial a firefighter admitted his cocaine use and offered evidence to establish that he suffers from post-traumatic stress disorder.

Fire Dep't v. Maresca (in PDF), OATH Index No. 2564/08 (Nov. 19, 2008).

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Contracts


Prequalified vendor appeal denied.

Company appealed its removal from HPD's list of prequalified vendors. HPD disqualified the company because it had hired a consultant who was a former project manager of John Galt Corporation, which was under criminal investigation for its role in the well publicized Deutsche Bank fire.

ALJ John Spooner found HPD's decision had a rational basis and affirmed the removal from the prequalified list. The vendor admitted that at the time it hired the consultant, it was aware that he had worked for Galt at the Deutsche Bank building and that there were media reports that Galt was under criminal investigation for the circumstances surrounding the fire.

Gramercy Group, Inc. v. Dep't of Housing Preservation & Development (in PDF), OATH Index No. 637/09, mem. dec. (Nov. 12, 2008).


Vehicle Retention


Department failed to prove car was involved in crime.

ALJ Ingrid Addison ruled the Police Department was not entitled to retain possession of a car seized in connection with a drug arrest.

Police Dep't v. Lloyd (in PDF), OATH Index No. 1425/09, mem dec. (Nov. 18, 2008).

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Licensing


Food vendor license revocation recommended.

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.

Dep't of Health & Mental Hygiene v. Mahmoud (in PDF), OATH Index No. 1394/09 (Nov. 26, 2008).

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Real Property


SRO building owner found to have harassed tenants.

Under the law, a single room occupancy (SRO) building owner must obtain a certificate of no harassment from HPD before renovating or demolishing an SRO building. p>

ALJ Zorgniotti recommended denial of the certificate where the evidence established deplorable building conditions, including lack of heat and hot water, vermin and leaks. The owners were unresponsive to complaints about conditions and repairs were not made in a timely manner.

Dep't of Housing Preservation & Development v. Beinert (in PDF), OATH Index No. 1470/08 (Nov. 18, 2008).


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