Last Month's OATH Decisions - April 2012


ALJ rejects claim that positive alcohol test was caused by herbal supplements.

ALJ Tynia D. Richard recommended a 30-day suspension for a sanitation worker who tested positive for alcohol in a random workplace test.     Respondent argued that the positive test was caused by ingestion of herbal supplements that unbeknownst to him contained alcohol.    Dep’t of Sanitation v. Anonymous (in PDF), OATH Index No. 1405/12 (Apr. 27, 2012), modified on penalty, Comm'r Decision (June 12, 2012) (Commissioner imposes followup drug/alcohol testing in addition to the 30-day suspension).

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CDRB dismisses challenge to invoice deductions as time-barred.

A contractor hired to do mechanical work by the Department of Citywide Administrative Services (“DCAS”) disputed the deductions that DCAS had taken and sought additional compensation.  Crescent Contracting Corp. v. Dep’t of Citywide Admin. Services (in PDF), OATH Index No. 1030/12, mem. dec. (Apr. 13, 2012).

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ALJ recommends grant of application for domestic partnership registration.

A person who was seeking to register her domestic partnership was denied because records showed someone with the same name, date of birth, and mother’s maiden name was married in 2005 and was still married.  The applicant appealed the denial, stating she had been widowed in 2003 and had never remarried, had never lived at the listed address, and that the place of birth was incorrect on the marriage license application.    Office of the City Clerk v. Anonymous (in PDF), OATH Index No. 688/12 (Apr. 10, 2012), adopted, City Clerk’s Dec. (Apr. 16, 2012).

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Real Property

ALJ recommends grant of new owner’s application to terminate prior harassment finding. 

In 2006, the prior owners of a property were found to have harassed the tenants in violation of the law and were fined.  The finding of harassment was ordered to remain in effect for a minimum of three years.  In the meantime, a new owner bought the property and completed legally required improvements.  After the three years had passed, the new owner applied to have the 2006 harassment finding terminated.  ALJ Alessandra F. Zorgniotti found the new owner in compliance with the relevant laws and granted their application.    Matter of Triad Capital, LLC (in PDF), OATH Index No. 1335/12 (Apr. 13, 2012).