
Office of Administrative Trials and Hearings311
Search all NYC.gov websites
The Loft Board Rules do not address application withdrawals, thus triggering reliance on OATH’s Rules. Matter of Smith, OATH Index No. 1112/15, mem. dec. (Feb. 6, 2015).
Pursuant to the section and to section 1049(3)(d) of the City Charter, this tribunal’s rules apply to a case except to the extent that they are inconsistent with the rules of the agency that referred the case. Therefore, in a Loft Law case referred by the Loft Board, this tribunal’s rules govern pre-trial discovery because the rules of the Loft Board are silent as to discovery. Matter of Prince, OATH Index No. 1506/95 (Aug. 4, 1995).
Because not all Loft Law cases are adjudicated before this tribunal, the rules of this tribunal are not applicable to a Loft Law case unless and until the case is referred here. Matter of Ancona, OATH Index Nos. 116/96, 621/96, 623/96 (Dec. 8, 1995).