Hearings and Defaults Payments/Penalties Appeal a Decision Rules and Forms

BenchNOTES Newsletter

OATH News

David B. Goldin, General Counsel to the Mayor’s Office of Criminal Justice Services and the Administrative Justice Coordinator for the Office of the Administrative Justice Coordinator, retired in April 2026. Goldin had a long and distinguished career in public service. Following his graduation from Yale Law School, he clerked for Hon. Jose A. Cabranes in the U.S. District Court for the District of Connecticut (now Senior Circuit Judge in the U.S. Court of Appeals for the Second Circuit). After working in private practice, he joined the New York City Law Department and became the Deputy Chief of the Affirmative Litigation Division. He subsequently served as Counsel to the former New York City Board of Education, Acting General Counsel for the Off-Track Betting Corporation and the Chief Litigating Attorney in the Office of the Nassau County Attorney. Goldin returned to City service, in 2006, as the head of the newly created Office of the Administrative Justice Coordinator. Working with Carol Robles-Roman, the late Deputy Mayor for Legal Affairs, as well as the Law Department, the Conflicts of Interest Board, and OATH, Goldin oversaw the creation of rules of conduct for the City’s administrative tribunals, using the state Code of Judicial Conduct and Chapter 68 of the City Charter as guidance. These rules include a codification of an administrative law judge’s obligation to ensure an unrepresented party is fully heard. Goldin was instrumental in enhancing access to justice and he led the consolidation and modernization of the City’s tribunals into OATH, the central administrative tribunal for the City of New York. He improved accountability citywide by streamlining and improving the quality of summonses and case tracking. He also oversaw the creation of an online library of administrative determinations that are searchable and publicly available. This is a tremendous service to the City, its agencies, litigants, law schools, and the public.

Goldin is an excellent lawyer and manager, and a nimble problem-solver who will be sorely missed. We thank him heartily for his contributions to City service and wish him the happy retirement.

CityAdmin Notice: The OATH decision database has moved. The CityAdmin Document Repository is now hosted by the City of New York and can be found here: https://nyc.mindbreeze.com/search/apps/cityadmin/.

Contract Dispute Resolution Board Panelists: OATH is accepting applications from qualified persons to serve on Contract Dispute Resolution Board (CDRB) panels. CDRB panels hear the final appeal in a three-step dispute resolution process contained in City contracts for construction, goods and services. Each CDRB panel consists of an OATH Administrative Law Judge, as chair, a representative of the Mayor’s Office of Contract Services, and a third member selected from a pre-qualified roster of individuals, established and administered by OATH, who has appropriate expertise and is unaffiliated and not employed by the City.

Those interested in being added to the roster of pre-qualified individuals are encouraged to apply. Applicants should have a background and experience in government contracting, construction, engineering or related law. The application form, as well as more information on the panelist role, can be found here. Completed applications should be sent via e-mail to the OATH Trials Division Law Clerks, LawClerks@oath.nyc.gov.

Trials Division

Personnel

Suspension Recommended.

ALJ Kevin F. Casey recommended a 24-day suspension after finding that respondent, a housekeeping aide, disobeyed orders to remove his gloves on two occasions and failed to wear his uniform shirt on four occasions. Health & Hospitals/Coler v. Tindal, OATH Index No. 367/25 (Mar. 5, 2026).

Licensing

Lifting of license suspension recommended.

ALJ Seon Jeong Lee recommended lifting the license suspension of a TLC-licensed driver arrested for assault for assault in the third-degree in connection with an on-duty incident involving a passenger. Taxi & Limousine Comm’n v. Memeh, OATH Index No. 1480/26 (Mar. 23, 2026), adopted, Comm’r Dec. (Mar. 26, 2026).

Vehicle Seizure

Police Department may retain a seized vehicle.

ALJ Michael D. Turilli determined that the Police Department may retain a vehicle seized as an alleged instrumentality of a crime, where the driver, the owner of the vehicle, was arrested for driving while intoxicated. Police Dep’t v. Nongpanga, OATH Index No. 1530/26, mem. dec. (Mar. 31, 2026).

Appeals from the Hearings Division

An appellate decision affirmed a hearing decision sustaining a violation of § 80-12(e)(3) of Title 35 of the Rules of the City of New York against a TLC licensed driver for threatening, harassing, or abusing any person. Petitioner’s case rested on the affirmed statement in the summons that respondent called the issuing officer a “f--king coward” after the officer issued respondent a summons for not wearing a seatbelt. At the hearing and on appeal, respondent argued that a violation was not established because expressing his opinion that the issuing officer was a coward was protected free speech, not abuse. The appellate decision found that the proper standard was whether a reasonable person in the hearing officer’s position would feel threatened, harassed, or abused. The appellate decision concluded that because respondent used profanity, a reasonable person would interpret his words as abuse. The appellate decision declined to consider respondent’s constitutional challenge, as it was not the proper forum. TLC v. Jose C. Bataller, Appeal No. 73221705A (Mar. 6, 2026).

An appellate decision affirmed a hearing decision sustaining a violation of § 151.02(a) of the Health Code for failing to keep premises free of pests. Petitioner’s case rested on the affirmed statements on the summons that trash cans had fresh gnaw marks and that fresh rat droppings and active rat runways were present at various locations. At the hearing and on appeal, respondent argued that its evidence of regular cleaning and monthly extermination services established that it took adequate measures prior to the date of violation to prevent and control the harborage and free movement of rats. The appellate decision found that while a respondent may generally establish a defense to a charge of active rat signs by showing that adequate measures were taken prior to the date of offense to prevent and control the harborage and free movement of rats, the presence of conditions conducive to pests negates any preventive effect of such measures. The appellate decision concluded that the gnawed holes in the respondent’s trash cans constituted conditions conducive to rats, thereby rendering respondent’s preventive measures inadequate. DCWP v. Moon Convenience & Deli Inc., Appeal No. 24N03477 (Mar. 26, 2026).

An appellate decision reversed a hearing decision sustaining a Class 1 violation of § 3301.2 of the Building Code, finding improper service of the summons. On appeal, as at the hearing, respondent argued that the issuing officer’s inconsistent testimony at the hearing failed to establish that he made a reasonable attempt to personally serve the summons before affixing it to a fence on the site. While acknowledging that formal rules of evidence were inapplicable in OATH hearings, the appellate decision found that in asking a leading question petitioner’s attorney had in effect coached the issuing officer to testify that he was advised that there was no person on site authorized to accept service, which was inconsistent with his initial testimony and the affirmation of service. The appellate decision therefore did not credit the issuing officer’s amended testimony and concluded that he failed to make a reasonable attempt to personally serve the summons. DOB v. Suffolk Construction Company, Appeal No. 2600059 (Mar. 26, 2026).