OATH Recent Decisions

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Personnel

ALJ Michael D. Turilli recommended dismissal of charges against respondent, a communications manager in the Office of Student Pathways, after petitioner failed to prove that respondent engaged in misconduct. Petitioner alleged that in April 2025, respondent negligently disseminated a newsletter to staff and community partners that included a hyperlink to a “Stop Gaza Genocide Toolkit.” Petitioner also alleged that respondent’s conduct caused notoriety for the Department and violated the Department’s policies on political neutrality and hostile work environment. The ALJ held that respondent could not be held strictly liable for the hyperlinked content and petitioner failed to prove that respondent acted negligently by failing to review the newsletter and its hyperlinks prior to distribution. The ALJ highlighted that the hyperlink—whose inclusion in several past newsletters was approved by respondent’s supervisors—previously led to a different document containing sample scripts for speaking with elected officials about the Israel-Gaza conflict. The evidence was insufficient to establish that the “Stop Gaza Genocide Toolkit” was accessible through the hyperlink when respondent drafted and distributed the April 2025 newsletter. The ALJ also emphasized that respondent’s testimony that she reviewed the hyperlinks in the April 2025 newsletter prior to dissemination was credible and corroborated by her supervisor’s description of the newsletter review process. As it was not established that respondent acted negligently, the ALJ found that petitioner could not prove that respondent engaged in misconduct by causing notoriety for the Department or violating the Department’s policies. Accordingly, the ALJ recommended the dismissal of all charges. Dep’t of Education v. Modesto, OATH Index No. 2509/25 (Apr. 24, 2026).

ALJ Charlotte E. Davidson recommended termination of employment for respondent, a patient care associate, who made inappropriate comments to a patient and kissed the patient’s arm before drawing her blood. In a default proceeding, the ALJ found that petitioner established that respondent kissed the patient’s arm and made a series of inappropriate comments to her, including referring to himself as a Chupacabra, a mythical blood-sucking monster; telling the patient he also sucks milk; asking her if she breastfed her children; and asking if she was allergic to money. Petitioner failed to prove that respondent told the patient that he loves veins. In assessing the appropriate penalty, the ALJ found that respondent’s lack of a disciplinary history provided insufficient mitigation given his short employment history and his failure to demonstrate outstanding job performance in that time. The ALJ further held that the inappropriate and sexual nature of respondent’s misconduct, which respondent did not rebut, warranted a severe penalty. Accordingly, the ALJ recommended termination of employment. NYC Health + Hospitals (South Brooklyn Health) v. Savchuk, OATH Index No. 0750/26 (Apr. 23, 2026).

Contracts

The Contract Dispute Resolution Board, chaired by ALJ Christine Stecura, denied and dismissed various claims by a contractor for additional compensation under a contract with the Department of Design and Construction (“DDC”) for elevator modernization at a Queens courthouse. The contractor argued that it was owed additional compensation for contract work balance, registered change order work, unresolved change orders and claims, legal fees, and lost interest. It also disputed DDC’s claim for liquidated damages. The Board found that DDC was entitled to take deductions from a substantial completion payment, remanding five claims to DDC to determine the proper deduction amounts. The Board also held that DDC properly denied other change order proposals, remanding one claim to DDC for evaluation. The Board further determined that the contractor was not entitled to attorneys’ fees or interest. The Board dismissed the delay and liquidated damages claims for lack of jurisdiction. Knightsbridge Construction Corp. v. Dep’t of Design & Construction, OATH Index No. 1368/25, mem. dec. (Apr. 1, 2026).