Deputy Mayor Carol Robles-Román presented awards to three law firms for their outstanding leadership in offering pro bono legal services at an Oct. 26, 2009 breakfast kicking off National Pro Bono Week.

Last Month's OATH Decisions

Licensing

ALJ conducts first tort valuation hearing for Taxi & Limousine Commission.

     When a taxi medallion owner seeks to sell a medallion, by law, the Taxi and Limousine Commission must be satisfied that the seller has sufficient insurance and security to cover existing tort obligations that it may reasonably be expected to pay. Where there is a dispute whether liability insurance will be sufficient to cover the amount of tort damages, a hearing is held to determine whether funds from the medallion sale should be held in escrow.

      Hawthorne v. Jo Vin Hacking Corp., OATH Index No. 3396/09, mem. dec. (Oct. 21, 2009).

Real Property

ALJ rules that a turnover in tenancy does not constitute an abandonment.

     In a Loft Law proceeding, the building owner failed to prove abandonment. The evidence showed that the protected occupants provided notice of their intent to move out and received compensation for their improvements.

      285 Lafayette Street Condominium, OATH Index No. 2738/09 (Oct. 16, 2009).

Land Use

Commercial parking lot was not a prior non-conforming use.

     ALJ Joan Salzman recommended an order of closure for a yard that was being used as a commercial parking lot, truck depot, and junkyard and located in a residential zoning district.

      Dep't of Buildings v. 527 East 86th Street, Brooklyn, OATH Index No. 2238/09 (Oct. 23, 2009).

Practice and Procedure

Post-trial motion for reconsideration denied.

     After a decision was issued in a vehicle retention case, respondent requested an opportunity to reargue, claiming that the ALJ had misunderstood the facts and overlooked important case law.

      Police Dep't v. Rodriguez-Toribio, OATH Index No. 302/10, mem. dec. (Oct. 9, 2009).

Personnel

Termination recommended for hospital police sergeant who mistreated patient.

     In a disciplinary hearing, the Health and Hospitals Corporation proved that respondent, a hospital police sergeant, had used excessive force on a patient when he guided the patient into a control room and pushed him up against a wall.

      Health & Hospitals Corp. (Coler Goldwater Specialty Hospital) v. Bellinger, OATH Index No. 133/10 (Oct. 21, 2009).