Last Month's OATH Decisions - December 2012


ALJ recommends dismissal of charges against sanitation supervisor.

The Department of Investigation discovered that sanitation workers collected and sold recyclable scrap metal, referred to as “mongo.” Respondent, a supervisor, was charged with failure to supervise subordinates who engaged in the activity.   ALJ Kevin F. Casey noted that the charge of failure to supervise requires more than proof that a subordinate did not complete a task; there must be proof of neglect or fault by the supervisor.   Dep’t of Sanitation v. Riecker (in PDF), OATH Index No. 681/13 (Dec. 14, 2012.)

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ALJ recommends fine for landscaper who hauled waste without license.

Where a truck filled with grass clippings and leaves bore a business name related to landscaping, ALJ John B. Spooner found in a default proceeding that it was a fair inference that the van was removing landscaping waste generated by respondent’s business.  Since the company was not registered to haul its own waste, it violated City law.  ALJ Spooner recommended a $1,000 fine.  Business Integrity Comm’n v. Top Choice Landscaping, Inc. (in PDF), OATH Index No. 872/13 (Dec. 20, 2012), adopted, Comm’r Dec. (Dec. 31, 2012).

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Real Property

ALJ finds building qualifies for Loft Law coverage.

ALJ Alessandra F. Zorgniotti found that three tenants, who had lived since at least the 1990s in three units of a commercially-zoned building in Manhattan, demonstrated that the structure was an interim multiple dwelling covered by the Loft Law, and that they were protected tenants. ALJ Zorgniotti rejected the owner’s argument that there was no qualifying commercial use in the building, finding that at various times portions of the building were commercially occupied.    Matter of Gareza (in PDF), OATH Index Nos. 2061/12 & 760/13 (Dec. 12, 2012).

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