Last Month's OATH Decisions - June 2012


ACS officers falsely denied intervening in traffic stop of relative.

Two special officers were found to have made false statements to supervisors and an investigator regarding their involvement with the traffic stop of a relative and former special officer, who showed Port Authority police a photocopy of an unauthorized ACS identification card.   Admin. For Children’s Services v. Toro (in PDF), OATH Index Nos. 1023/12, 1024/12 (June 11, 2012).

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Continued license suspension recommended for for-hire car driver after arrest for promoting prostitution.

ALJ Joan R. Salzman recommended that the suspension of a for-hire vehicle driver’s license be continued based upon his arrest for promoting prostitution.  Under the applicable Taxi & Limousine Commission rule, the issue at the post-suspension hearing is “whether the charges underlying the Licensee’s arrest, if true, demonstrate that the continuation of the license while awaiting decision on the criminal charges would pose a direct and substantial threat to the health or safety of the public”.    Taxi & Limousine Comm’n v. Nahomov (in PDF), OATH Index No. 1796/12 (June 4, 2012), adopted, Comm’r Dec. (June 21, 2012).

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Prevailing Wage

Contractor failed to pay prevailing wages and benefits, falsified payrolls, and engaged in kickbacks.

ALJ Lewis found that a contractor violated the Labor Law by failing to pay prevailing wages and supplemental benefits to six employees on four public works contracts.  Based upon credible testimony by two of the workers, documentary evidence and videotapes made by one of the workers, ALJ Lewis found that respondent issued checks to the workers for prevailing wages and benefits, required the workers to endorse the backs of the checks but did not permit them to keep the checks, and instead paid them in cash at lower daily or weekly rates, thereby engaging in a “kickback” scheme.   Office of the Comptroller v. Abbey Painting Corp. (in PDF), OATH Index No. 2544/11 (June 26, 2012).

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Real Property

ALJ recommends that Loft Board grant tenant protected occupant status.

ALJ Richard found that a loft tenant established protected occupancy under the new Loft Law amendments, despite the fact that she, having taken a job in Michigan, lived in the loft unit only intermittently during the window period. The ALJ considered that (1) the tenant had lived in her loft unit for many years prior to the new window period, and (2) nonetheless maintained her residency of the unit during the window period by keeping her personal belongings in the loft and returning home when she could.   Matter of Pels (in PDF), OATH Index No. 2481/11 (June 15, 2012).

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