BenchNOTES Newsletter

BenchNOTES - November/December 2016

Last Month's OATH Decisions

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Personnel

Eligibility specialist coerced client for groceries.

ALJ Alessandra F. Zorgniotti found that an eligibility specialist used her position to coerce a client into purchasing over $150 in groceries with her benefits for respondent’s personal use.

Human Resources Admin. v. Bonner, OATH Index No. 472/17 (Dec. 5, 2016).

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Human Rights

Eatery refused to seat blind patron and service dog.

In a default hearing, the Commission on Human Rights proved that a NYC eatery and its employee failed to accommodate a legally blind patron by demanding that he and his service dog leave the restaurant.

Comm’n on Human Rights ex rel. Gibson v. New York City Fried Chicken Corp.,OATH Index No. 279/17 (Dec. 29, 2016).

Licensing

Cab driver harassed passenger.

ALJ Zorgniotti found that petitioner proved that a taxicab driver harassed and used physical force against a female passenger by touching her private parts, grabbing her by the neck while making a lewd remark prompting the passenger and her mother to exit the taxi on a dark highway.

Taxi & Limousine Comm’n v. Hussain, OATH Index No. 2214/16 (Dec. 20, 2016), adopted, Comm’r Dec. (Jan. 6, 2017).

Prevailing Wage

ALJ found prevailing wage law violations.

ALJ Susan J. Pogoda found that respondents, a contractor and its president, failed to pay prevailing wages and supplemental benefits to 36 workers on seven public works projects, falsified payroll records and engaged in a kickback scheme.

Office of the Comptroller v. K.S. Contracting Corp., OATH Index No. 1086/16 (Dec. 30, 2016).

Real Property

Former tenant not protected by Loft Law.

A former tenant filed an application with the Loft Board seeking findings that the building and the unit that she had leased with her estranged boyfriend were covered by the Loft Law and that she is the protected occupant of the leased unit.

Matter of Lasciak, OATH Index No. 2080/16 (Dec. 30, 2016).

Contracts

CDRB dismissed claim as time-barred.

On a contract for the construction and renovation of carbon addition facilities at five wastewater treatment plants, the contractor sought an additional $65,039 for providing temporary heating to complete concrete topping work.

WDF, Inc. v. Dep’t of Environmental Protection, OATH Index No. 421/17, mem. dec. (Dec. 15, 2016).

Practice and Procedure

Request to remove name from published decision denied.

City worker charged with intoxication on duty asked to have his name withheld from the published decision to protect his privacy because the decision references his medical information.

Human Resources Admin. v. Holman, OATH Index No. 223/17 (Dec. 22, 2016).