BenchNOTES - May 2014

Last Month's OATH Decisions

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Personnel

Hospital worker did not respond timely.

A respiratory therapist was charged with insubordination, neglect of duty, and unbecoming conduct. ALJ Faye Lewis found that respondent neglected his duty by failing to answer multiple telephone calls from the emergency room relating to a trauma patient and failing to respond to the emergency room in a timely manner.    Health & Hospitals Corp. (Queens Hospital Ctr.) v. Toval, OATH Index No. 1372/14 (May 28, 2014).

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Contracts

CDRB denies claim for extra work at golf course.

The LAWS Construction Corporation entered into a contract with the Department of Parks and Recreation to build a golf course in the Bronx. LAWS filed a petition with the Contract Dispute Resolution Board (CDRB), seeking additional compensation for transporting cover material, which it considered extra work.   Laws Construction Corp. v. Dep't of Parks & Recreation, OATH Index No. 1445/14 (May 28, 2014).

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Licensing

ALJ recommends $1,200 fine for base that dispatched cars without a license.

Following a default hearing, ALJ Ingrid M. Addison found that a base station continued to dispatch cars for twelve days after its license had expired. She recommended a fine of $1,200 for the unlicensed activity.   Taxi and Limousine Comm'n v. Mazal Limousine Svc., OATH Index No. 2145/14 (May 13, 2014).

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