BenchNOTES - November 2014

Last Month's OATH Decisions

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Licensing

ALJ recommends padlock of restaurant which operated without permit.

Department of Health and Mental Hygiene brought a proceeding against the owner of the premises and the owner of a food service establishment operated on the premises seeking closure of the premises.    Dep't of Health and Mental Hygiene v. Scott, OATH Index No. 937/15 (Nov. 26, 2014).

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Personnel

Charges against hospital aide dismissed.

Respondent, a hospital institutional aide, was charged with failing to follow protocol for returning found property and with being intoxicated while on duty. Respondent took possession of a patient's clock radio that was left behind during a patient move.    Health & Hospitals Corp. (Henry J. Carter Specialty Hospital) v. Savain, OATH Index No. 217/15 (Nov. 5, 2014).

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Real Property

ALJ finds protected occupancy claim was not time-barred.

Tenant filed an application for protected occupancy with the Loft Board, asking to be added to the building registration as a tenant of record for her unit. The owner asserted that the application was time-barred under Multiple Dwelling Law Section 282-a.    Matter of Behlke, OATH Index No. 153/15 (Nov. 12, 2014), adopted in part and remanded, Loft Bd. Order No. 4348 (Jan 15, 2015).

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Taxi and Limousine Tribunal

Base stations failed to comply with directive to produce trip records.

OATH consists of four divisions: the OATH tribunal, the Environmental Control Board (ECB), the Taxi and Limousine Tribunal (TLT) and the Department of Health and Mental Hygiene Tribunal. This month we will highlight a case heard at the TLT, which holds hearings on summons issued to vehicles and drivers licensed by the City Taxi and Limousine Commission (Commission).    Taxi and Limousine Comm'n v. Weiter LLC, Summons No. FC0000332 (Jan. 6, 2015).

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