Last Month's OATH Decisions - February 2012

Contracts


“No damages for delay” clause bars recovery in CDRB case.

A contractor hired to install equipment on the Staten Island Ferry sought additional payment of $90,389 to cover extra performance and payment bond premium costs incurred because the contract term was extended to keep the ferry fleet in operation.  Radio Holland USA, Inc. v. Dep’t of Transportation (in PDF), OATH Index No. 629/12, mem. dec. (Feb. 9, 2012).

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Licensing


ALJ recommends license revocation and fine for taxi driver who overcharged passengers 47 times.

The Taxi & Limousine Commission brought allegations that a taxicab driver overcharged passengers by charging them the out-of-town rates for trips within New York City on 47 occasions in a 2-month period.  The driver did not appear to defend himself.    Taxi & Limousine Comm’n v. Kwakye (in PDF), OATH Index No. 934/12 (Feb. 1, 2012).

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Vehicle Retention


Failure to comply with notice provisions results in release of seized car. 

The Police Department sought to retain a vehicle it had seized when arresting the driver for driving while intoxicated.  ALJ Joan R. Salzman found that the Police Department failed to show it provided the respondent with two notifications, as required by Federal Court order in Krimstock v. Kelly, to inform the respondent promptly of his right to challenge the seizure of his vehicle.   Police Dep’t v. Peake (in PDF), OATH Index No. 1282/12, mem. dec. (Feb. 24, 2012).

 

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Personnel


ALJ recommends suspension for officer who brought e-reader into jail.

ALJ Addison found that a correction officer engaged in misconduct when she brought a Nook e-reader with Wi-Fi capability into a jail.  Officers found a bag belonging to respondent containing, among other items, the e-reader, which was left near a trash container inside the jail.  Respondent claimed that she had grabbed the wrong transparent blue bag from her locker shortly before roll call and did not realize she had the e-reader.   Dep’t of Correction v. Blount (in PDF), OATH Index No. 142/12 (Feb. 6, 2012), modified on penalty, Comm’r Dec. (Mar. 22, 2012) (15-day suspension without pay imposed by Commissioner).

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