Last Month's OATH Decisions - October 2012


OATH begins hearing cases brought by Business Integrity Commission (“BIC”).

In October 2012, OATH began hearing cases brought by the Business Integrity Commission (BIC) against commercial trade waste carters.  ALJ Alessandra F. Zorgniotti issued recommended decisions in four such cases in October.  In each case, respondent did not appear at the hearing.  In three cases, BIC proved that the commercial carter  failed to notify BIC about a new employee in violation of BIC rules.  In the other case, BIC showed that the carter failed to post identifying information on containers in violation of BIC rules.  A civil penalty of $10,000 was recommended in each case.  Business Integrity Comm’n v. Royal Waste Services Inc. (in PDF), OATH Index No. 670/13 (Oct. 16, 2012) (failure to notify BIC of new employee).

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Practice and Procedure

ALJ denies request that hospital produce patient records.

Respondent, a manager of building services at a City hospital was charged with sexually abusing a patient who has dementia.  Respondent asked the hospital to produce the patient’s medical records and the trial judge to issue a subpoena to compel the patient to testify at the hearing.  The hospital objected.    Health & Hospitals Corp. (Coler-Goldwater Specialty Hospital & Nursing Facility) v. Pena (in PDF), OATH Index No. 1944/12, mem. dec. (Oct. 12, 2012).

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Suspension recommended for Bridge and Tunnel Officer who posted profane note on bulletin board.

After a bridge and tunnel officer (“BTO”) took offense upon discovering his leave request status form posted on an employee bulletin board, he posted a profane note next to the form, directed at “who ever put” his personal information on the board. The only personal information contained on the leave form, however, was the officer’s last name. ALJ Kara J. Miller found that writing and posting the obscene missive was misconduct.    Triborough Bridge & Tunnel Auth. v. McAllister (in PDF), OATH Index No. 1780/12 (Oct. 16, 2012).

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Contract Dispute Resolution Board (“CDRB”) dismisses claim as time-barred.

The Contract Dispute Resolution Board (“CDRB”), chaired by ALJ Spooner, dismissed as time-barred a contractor’s claim for an additional $34,346.91 for asbestos work on a project to rehabilitate a health center annex in Jamaica, Queens.  Arkay Construction, Inc. v. Dep’t of Design & Construction (in PDF), OATH Index No. 1961/12, mem. dec., (Oct. 2, 2012).