Last Month's OATH Decisions - September 2012

Personnel


Hospital officer failed to work mandatory overtime.

A hospital special officer was charged with insubordination for refusing to work mandatory overtime on 42 occasions.  Respondent did not appear at the hearing and the matter proceeded by inquest.  ALJ Kara J. Miller found that on each occasion, the officer was given a form ordering him to work mandatory overtime and warning him that non-compliance could result in discipline.  Each form was signed and dated by respondent and a supervisor.  ALJ Miller found that this documentation proved the insubordination.  She recommended that the special officer be suspended without pay for 45 days.  Health & Hospitals Corp. (Jacobi Hospital Ctr.) v. Cooper (in PDF), OATH Index No 1748/12 (Sept. 17, 2012).

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Licensing

ALJ recommends City Clerk process marriage license application.

Respondent’s application for a marriage license was denied by the Office of the City Clerk because records showed a person with the same name and date of birth was married in 1988 and the marriage had not been annulled. On appeal of the denial, ALJ Ingrid M. Addison found that respondent’s testimony, corroborated by his passport, other government-issued ID, and records of his employment in Jamaica, confirmed that at the time of the prior marriage, respondent resided and worked in Jamaica. ALJ Addison therefore found that the groom in the prior marriage was not the respondent, and recommended that he be granted a marriage license.  Office of the City Clerk v. Thompson (in PDF), OATH Index No. 323/13 (Sept. 6, 2012), adopted, City Clerk’s Dec. (Sept. 6, 2012).


Real Property


ALJ recommends $14,000 fine for loft building owner who failed to meet legalization deadlines.

Tenants sought a finding that the owner of a building in the Special Clinton District had failed to comply with legalization deadlines set by the Loft Law and should be fined $1,000 per day. ALJ Faye Lewis found that the Loft Board rule providing for such fines did not apply to tenant-initiated code compliance proceedings, but only to Loft Board-initiated enforcement proceedings.    Matter of Cayler (in PDF), OATH Index No 443/12 (Sept. 14, 2012).

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