OATH Recent Decisions

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Real Property

ALJ Christine Stecura recommended closure of a premises being used for dead storage of motor vehicles, junk salvage storage, and as a contractor’s yard in an area zoned for residential use in violation of the New York City Zoning Resolution. In a default proceeding, the Department of Buildings presented evidence of impermissible use of the premises through two certified inspection reports, memorializing two separate inspections of the premises. On both occasions the inspector observed the premises being used as a contractor’s yard and for the storage of contractor supplies and trash. Photographs attached to the reports showed a residence, a metal fence, contractor and construction equipment, a dumpster, several white trash bags filled with unknown items, and a white van without a read license plate. Accordingly, the ALJ found that the undisputed evidence established commercial use of the premises in an area zoned for residential use and recommended closure of the premises. Dep’t of Buildings v. 120 Sapphire Street & 122 Sapphire Street, Brooklyn, New York, OATH Index No. 328/26 (Nov. 24, 2025), adopted, Comm’r Dec. (Dec. 8, 2025).

Licensing

ALJ Charlotte E. Davidson recommended a $20,000 civil penalty for a company licensed by the Business Integrity Commission (“BIC”) that failed to keep in its vehicle a six-month inspection and certification form and a daily vehicle inspection report. At a default trial, BIC submitted an affidavit of an investigator who observed a truck registered with the Commission. According to the affidavit, when asked to produce the six-month inspection and certification form and the daily vehicle inspection report, the truck operator was unable to locate either document. The ALJ found that the undisputed evidence established that respondent violated Commission rules by failing to maintain copies of the two required reports in its vehicle and recommended a civil penalty of $20,000. Business Integrity Comm’n v. Queens County Carting Inc, OATH Index No. 2448/25 (Nov. 20, 2025).

ALJ Kevin F. Casey recommended lifting the license suspension of a TLC-licensed driver arrested for criminal mischief in the third degree. According to police reports, a witness claimed that respondent intentionally damaged a gas station air pump by tying part of the pump to his vehicle and driving away after the pump would not accept his credit card. This act removed the pump from the ground, made the pump and its electrical wiring inoperable, and resulted in more than $250 worth of repair costs. Respondent testified at trial that upon driving away from the gas station he was unaware that the pump was still connected to his vehicle and that he did not see or hear anything out of the ordinary. The ALJ noted that respondent did not threaten or injury anyone during the incident, had an exceptional driving record, and that respondent’s unrebutted character evidence showed that respondent is a mature person who shows “proper regard for the safety of passengers and the public.” Accordingly, the ALJ found that respondent did not pose a direct and substantial threat to public safety and recommended lifting the suspension. Taxi & Limousine Comm’n v. Skulsky, OATH Index No. 749/26 (Nov. 14, 2025), adopted, Comm’r Dec. (Nov. 17, 2025).

ALJ Astrid B. Gloade recommended lifting the license suspension of a taxi driver charged with assault in the third degree, criminal obstruction of breathing or blood circulation, endangering the welfare of a child, and other related charges. According to the criminal complaint, respondent allegedly struck the complainant, his 13-year-old son, in the face with an open palm and placed his arm around the complainant's neck so that he could not breathe. The complainant suffered pain and bruising but did not require medical attention. The ALJ noted that there was no evidence that respondent had ever violated TLC’s rules, incurred any infractions, or received any passenger complaints during the seven years he has been a TLC licensee. The ALJ also noted that although respondent has two convictions for red light violations, respondent’s DMV record is insufficient on its own to establish that respondent poses a direct and substantial threat to public health or safety. Accordingly, the ALJ found that respondent’s license suspension should be lifted. Taxi & Limousine Comm'n v. Zheng, OATH Index No. 646/26 (Nov. 18, 2025), adopted, Comm’r Dec. (Nov. 20, 2025).

ALJ Jonathan Fogel recommended license revocation and a civil penalty of $174,750 and $5,875.59 in restitution to 29 consumers, for a total award of $180,625.59, where a company engaged in booting motor vehicles in violation of applicable law and rules. Respondent booted motor vehicles without a contract or license, failed to produce and maintain records required for inspection and to comply with booting sticker requirements, and overcharged consumers. Dep’t of Consumer & Worker Protection v. B&M Electronic Diagnostic Repair Service Inc., OATH Index No. 1869/23 (Oct. 20, 2025).