Correction officer found to have used improper force on inmate.

A correction officer was charged with improper use of force against two inmates. That officer and his partner were also charged with making false reports and failing to obtain medical attention for an injured inmate.  ALJ John B. Spooner found petitioner proved that the first officer used improper force against one of the inmates but he recommended dismissal of the rest of the charges.  The recommended penalty was a 15-day suspension, given the inconclusive proof as to the precise extent of the force used.  This was the first OATH case involving videoconferenced testimony by an inmate from a City jail.  Dep't of Correction v. Wingate (in PDF), OATH Index Nos. 1490/12 & 1491/12 (Nov. 15, 2012).

Contract Dispute Resolution Board denies claim for additional compensation.

Under a value engineering change provision contained in its contract to reconstruct a pedestrian bridge for the Department of Transportation (“DOT”), the contractor was entitled to 50% of the cost savings resulting from its proposed contract change.  The parties disagreed on the value of the contractor’s share of the savings, with the contractor claiming it was $126,160.25 and DOT asserting that it was only $46,505.75.  Ferreira Construction Co. v. Dep’t of Transportation (in PDF), OATH Index No. 1619/12, mem. dec. (Nov. 16, 2012).

ALJ orders release of seized car.

The Police Department sought to retain a vehicle seized incident to the arrest of the driver for driving while impaired by drugs and other charges.  Respondent’s attorney sought return of the car due to the Department’s alleged failure to comply with the notice requirements contained in the federal court Krimstock order.  ALJ Faye Lewis ruled that lack of notice is an affirmative defense; where respondent did not testify with respect to notice, statements from respondent’s attorney did not make out the defense.  However, ALJ Faye Lewis found that the police failed to prove there was probable cause to arrest respondent and ordered the car released.    Police Dep’t v. Romo (in PDF), OATH Index No. 658/13, mem. dec. (Nov. 29, 2012).

Trade waste carter found to have violated rule and directive.

Companies that are licensed to collect refuse from commercial establishments (“trade waste”) in New York City must obey directives from the licensing agency, the Business Integrity Commission, and follow Commission rules.  ALJ Astrid B. Gloade found that respondent failed to submit a customer register as required by the rules, and also failed to comply with a Commission directive regarding the filing of a customer register.  Business Integrity Comm’n v. Skylyn Corp. (in PDF), OATH Index No. 714/13 (Nov. 9, 2012), adopted, Comm’r Dec. (Dec. 12, 2012).