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Total results: 555

File: 25-1214.pdf
Agency: OATH_TRIALS
Date: 6/9/25 12:00 AM
Admin. for Children’s Services v. Anonymous OATH Index No. 1214/25 (May 19, 2025), adopted in part, rejected in part, Comm’r Dec. (June 3, 2025), appended Petitioner established that respondent suffers from a disability but failed to prove that she is unfit to perform her duties ...

File: 24-2671.pdf
Agency: OATH_TRIALS
Date: 5/7/25 12:00 AM
the employee’s disability); Human Resources Admin...to a psychiatric disability, and finding, “If...caused by a disability, no penalty for...be imposed.”); Health & Hospitals Corp. (Lincoln Medical...by a mental disability). In T.B...the employee was hospitalized for psychiatric care...reason of a disability and found that...caused by a disability. Similarly, in Anonymous...to a mental hospital twice and diagnosed

File: 25-1214.pdf
Agency: OATH_TRIALS
Date: 6/2/25 12:00 AM
Admin. for Children’s Services v. Anonymous OATH Index No. 1214/25 (May 19, 2025) Petitioner established that respondent suffers from a disability but failed to prove that she is unfit to perform her duties as a child protective specialist due to that disability. ALJ recommends that the...

File: 23-2154.pdf
Agency: OATH_TRIALS
Date: 4/7/25 12:00 AM
New York City Employees’ Retirement System v. Baker OATH Index No. 2154/23 (Apr. 3, 2025) Petitioner established that respondent was incompetent, failed to be professional, courteous, and considerate, neglected or refused to perform her duties, sent emails that were inappropriate, ...

File: 25-786.pdf
Agency: OATH_TRIALS
Date: 4/29/25 12:00 AM
Taxi & Limousine Comm’n. v. Hossain OATH Index No. 786/25 (Mar. 19, 2025), adopted, Comm’r Dec. (Apr. 16, 2025), appended Petitioner established that respondent was absent without leave 45 times, failed to notify petitioner of his arrest on two occasions, and lacks credentials required...

File: 20-1075.pdf
Agency: OATH_TRIALS
Date: 3/31/25 12:00 AM
Comm’n on Human Rights ex rel. Ana Cazares v. INS Handbags, Inc. OATH Index No. 1075/20 (Oct. 5, 2022), modified on penalty, Comm’r Dec. (Jan. 21, 2025), superseded by, Comm’r Dec. (Mar. 18, 2025), appended Respondents discriminated against former employee based on gender a...

File: 25-1048.pdf
Agency: OATH_TRIALS
Date: 3/25/25 12:00 AM
Dep’t of Correction v. Anonymous OATH Index No. 1048/25 (Mar. 14, 2025) Petitioner established that respondent has been excessively absent due to sick leave and is medically incompetent to perform her duties. ALJ recommends that respondent be terminated from her employment. NE...

File: 24-1111.pdf
Agency: OATH_TRIALS
Date: 5/14/25 12:00 AM
may result in hospitalization (Tr. 110-11, 134...and whether the disability is temporary or permanent

File: 24-1879.pdf
Agency: OATH_TRIALS
Date: 9/24/24 12:00 AM
Dep’t of Correction v. E.B. OATH Index No. 1879/24 (June 21, 2024), adopted, Comm’r Dec. (Aug. 9, 2024), appended The Department proved that Respondent engaged in misconduct when she used profanity during an altercation with another correction officer and when speaking to a capta...

File: 24-2195.pdf
Agency: OATH_TRIALS
Date: 1/24/25 12:00 AM
Comm’n on Human Rights v. Anonymous OATH Index No. 2195/24 (July 26, 2024), adopted, Comm’r Dec. (Sept. 6, 2024), appended, aff’d, NYC Civ. Serv. Comm’n Index No. 2024-0602 (Jan. 13, 2025), appended Evidence established that respondent was absent without authorization on 159 ...

File: 24-1588.pdf
Agency: OATH_TRIALS
Date: 11/13/24 12:00 AM
Comm’n on Human Rights ex rel. Morgan v. NY Pyramid Group OATH Index No. 1588/24 (Nov. 7, 2024) In default proceeding, petitioner established that respondent refused to accept a city-issued housing voucher from the complainant. Mental anguish damages of $10,000 recommended, along wi...

File: 13-1769.pdf
Agency: OATH_TRIALS
Date: 4/29/14 12:00 AM
New York Downtown Hospital OATH Index Nos...based upon a disability. ALJ found employee...was not a disability under the NYC...NEW YORK DOWNTOWN HOSPITAL AND ADRIANA FARGELLI...New York Downtown Hospital (NYDH) and Adriana...complainant had a disability. Disability Petitioner contends that Glaude was disabled by strep throat...oxfordlearnersdictionaries.com/dictionary/disability - 9 - hospital note directing Glaude

File: 21-1699.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
evidence of a disability), and its progeny...v. NYC Health & Hospitals Corp., 88 A...caused by a disability, it may still...she has a disability, only the determination...that respondent is disabled. Petitioner claims that...for terminating a disabled employee who has...caused by a disability and has, instead...duties due to disability. See e.g. Health & Hospitals Corp. (Lincoln Medical...related to a disability, alcoholism, and was

File: 10-2742.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Health & Hospitals Corp. (Bellevue Hospital Ctr.) v. A. S. OATH Index No. 2742/10 (Sept. 27, 2010), rejected, Exec. Dir. Dec. (Dec. 15, 2010), appended ALJ recommends dismissal of AWOL charges where absence was caused by employer’s improper refusal to allow respondent to return to wo...

File: 12-1781.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
attributable to a disability, and respondent, by...virtue of that disability, is unable to...caused by a disability, no penalty for...be imposed. Health & Hospitals Corp. (Lincoln Medical...to a mental disability and noting that...to pursue a disability proceeding); Dep’t...mental or physical disability”); Housing Auth. v...due to a disability would lead to...issue. In a disability proceeding, petitioner bears...suffers from a disability, that he is

File: 09-2448.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Dep’t of Correction v. A. S. OATH Index No. 2448/09 (Sept. 30, 2009) ALJ recommended dismissal of medical separation charge under section 73, finding officer currently fit to work. Respondent was guilty of misconduct separately charged under section 75 for which ALJ recommended a 20-...

File: 11-248.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Health & Hospitals Corp. (Elmhurst Hosp. Ctr.) v. J.E. OATH Index No. 248/11 (Sept. 14, 2011) Petitioner proved that respondent was excessively absent and late for work. Termination of employment recommended where respondent recently served 25-day, 40-day, and 60-day suspensions for simi...

File: 12-771.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
by his alleged disability); see also Ricketts...v. NYC Health & Hospitals Corp., 88 A...caused by his disability). Here, it is...not respondent’s disability caused her absences...002, Enforcement Guidance: Disability-Related Inquiries and...establish that a disability was the cause

File: 12-1546.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Admin. for Children’s Services v. Anonymous OATH Index No. 1546/12 (Sept. 6, 2012) Fitness proceeding brought against motor vehicle driver. ALJ found evidence sufficient to establish that employee had a disability, but insufficient to establish that she was unable to perform her job a...

File: 11-931.pdf
Agency: OATH_TRIALS
Date: 2/17/12 12:00 AM
the employee’s disability. Health & Hospitals Corp. (Lincoln Medical...

File: 11-931.pdf
Agency: OATH_TRIALS
Date: 2/16/12 12:00 AM
the employee’s disability. Health & Hospitals Corp. (Lincoln Medical...

File: 11-1404.pdf
Agency: OATH_TRIALS
Date: 5/25/11 12:00 AM
city employment); Health & Hospitals Corp. (Elmhurst Hospital Ctr.) v. Williams...Oct. 12, 2001) (hospital worker embezzled public...money by accepting disability benefits while working at the hospital and failing to...employment at the hospital on disability forms). Moreover, this

File: 23-2135.pdf
Agency: OATH_TRIALS
Date: 3/26/24 12:00 AM
Health & Hospitals Corp. (Elmhurst Hospital Ctr.) v. Hewitt OATH Index No. 2135/23 (Feb. 15, 2024) Evidence established that respondent has been excessively absent since November 2020 and absent without leave since May 2022. Termination recommended. _______________________________...

File: 06-1738.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
caused by a disability, the burden shifts to the hospital to prove that her disability renders her incapable...

File: 12-1944.pdf
Agency: OATH_TRIALS
Date: 1/3/13 12:00 AM
at a state hospital for the mentally disabled). In consideration of...

File: 05-143.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
not disciplinary, but disability-related. ANALYSIS The Hospital alleged that, between...day off. The Hospital’s attendance records...quest. Next, the Hospital alleged that, from...In fact, the Hospital’s time records...minutes. Finally, the Hospital alleged that four...In short, the Hospital amply made out...and has been hospitalized on a number...when she was hospitalized. It appears that

File: 23-3242.pdf
Agency: OATH_TRIALS
Date: 11/9/23 12:00 AM
Dep’t of Social Services (Human Resources Admin.) v. Anonymous OATH Index No. 3242/23 (Oct. 6, 2023) Petitioner established that a job opportunity specialist has a disability that renders her unfit to perform the duties of her position when working physically in the office. However, ...

File: 13-1769.pdf
Agency: OATH_TRIALS
Date: 9/15/14 12:00 AM
New York Downtown Hospital OATH Index Nos...based upon a disability. ALJ found employee...was not a disability under the NYC...complainant had a disability. Disability Petitioner contends that Glaude was disabled by strep throat...e.g., Health & Hospitals Corp. (Elmhurst Hospital Ctr.) v. J...weekend off); Health & Hospitals Corp. (Kings County Hospital Ctr.) v. Dedier...e.g., Health & Hospitals Corp. (Elmhurst Hospital Ctr.) v. J

File: 95-595.pdf
Agency: OATH_TRIALS
Date: 11/29/23 12:00 AM
a job-connected disability. For these reasons...available to the hospital under HHC's...Ms. Case's disability, and her continued long

File: 06-1738.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
caused by a disability, the burden shifts to the hospital to prove that her disability renders her incapable...

File: 11-1997.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
suffered from a disability); see also Health & Hospitals Corp. (Metropolitan Hospital Ctr.) v. Ricketts, OATH...

File: 06-1157.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
-13- SEQ CHAPTER \h \r 1Health & Hospitals Corp. (Coler-Goldwater Memorial Hospital) v. Mayo OATH Index No. 1157/06 (Aug. 24, 2006), rev’d, Hospital Decision (Sept. 25, 2006), appended In case where a fight ensued between two employees at work, petitioner failed to establish respo...

File: 22-2386.pdf
Agency: OATH_TRIALS
Date: 8/4/23 12:00 AM
Comm’n on Human Rights v. DiFiore Realty, LLC OATH Index Nos. 2386/22 & 1732/23 (July 26, 2023) Petitioner established that respondents failed to provide disabled tenant with a reasonable accommodation at the main entrance of an apartment building and failed to engage in a cooperat...

File: 11-1300.pdf
Agency: OATH_TRIALS
Date: 2/17/12 12:00 AM
Comm’n on Human Rights ex rel. L. D. v. Riverbay Corp. OATH Index No. 1300/11 (Aug. 26, 2011), adopted, Comm’n Dec. & Order (Jan. 9, 2012), appended Petitioner established that respondent provider of a housing accommodation discriminated against a tenant who suffers from a psychia...

File: 06-1157.pdf
Agency: OATH_TRIALS
Date: 10/11/11 12:00 AM
Health & Hospitals Corp. (Coler-Goldwater Memorial Hospital) v. Mayo OATH Index No. 1157/06 (Aug. 24, 2006), rev’d, Hospital Dec. (Sept. 25, 2006), appended, aff’d on other grounds, HHC Pers. Rev. Bd. (Apr. 17, 2007), appended, rev’d and remanded, Mayo v. Personnel Review Bd., 65 A....

File: 11-1300.pdf
Agency: OATH_TRIALS
Date: 3/13/15 12:00 AM
Comm’n on Human Rights ex rel. L. D. v. Riverbay Corp. OATH Index No. 1300/11 (Aug. 26, 2011), adopted, Comm’n Dec. & Order (Jan. 9, 2012),* appended Petitioner established that respondent provider of a housing accommodation discriminated against a tenant who suffers from a psychi...

File: 14-749.pdf
Agency: OATH_TRIALS
Date: 6/19/15 12:00 AM
Health & Hospitals Corp. (Coler Goldwater Hospital) v. Steele OATH Index No. 749/14 (Jan. 23, 2014), affirmed, HHC Pers. Rev. Bd. Dec. No. 1555 (Mar. 11, 2015), appended Service aide charged with being excessively absent and absent without leave. Charges sustained. Termination recommend...

File: 15-433.pdf
Agency: OATH_TRIALS
Date: 7/21/15 12:00 AM
Health & Hospitals Corp. (Bellevue Hospital Ctr.) v. Lewis OATH Index No. 433/15 (Jan. 26, 2015), affirmed, HHC Pers. Rev. Bd. Dec. No. 1579 (July 8, 2015), appended Respondent was charged with being excessively absent during a ten-week period and a long-term absence with...

File: 20-905.pdf
Agency: OATH_TRIALS
Date: 4/11/22 12:00 AM
Comm’n on Human Rights ex rel. McKnight v. H & M Hennes & Mauritz L.P. & BJW Realty LLC et al. OATH Index No. 905/20 (Mar. 31, 2022) The evidence established that respondents H & M and Winter respondents, discriminated against the complainant and other disabled patrons by faili...

File: 14-2399.pdf
Agency: OATH_TRIALS
Date: 3/13/15 12:00 AM
2014) (finding complainant disabled under section 8...to constitute a disability under state and...See generally Health & Hospitals Corp. (Harlem Hospital Ctr.) v. Sealey...disorder constitutes a disability under the New...depression constitutes a disability under the federal...Pet. Ex. 8), hospital records from Long Island College Hospital detailing the emergency

File: 07-247.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE - 2 - Health and Hospitals Corp. (Harlem Hospital Center) v. Norwood OATH Index No. 247/07 (Jan. 16, 2007) Clerical employee charged with excessive absences, excessive tardiness, being absent without leave, conduct unbecoming and submitting a forged doctor’s note to support her...

File: 24-272.pdf
Agency: OATH_TRIALS
Date: 2/25/25 12:00 AM
Dep’t of Sanitation v. Patsakos OATH Index No. 272/24 (Apr. 11, 2024), modified on penalty, Comm’r Dec. (July 23, 2024), appended, aff’d, NYC Civ. Serv. Comm’n Index No. 2024-0357 (Feb. 7, 2025), appended Supervisor charged with discourtesy, violating emergency leave rules,...

File: 14-911.pdf
Agency: OATH_TRIALS
Date: 7/17/15 12:00 AM
Health & Hospitals Corp. (Bellevue Hospital Ctr.) v. Lewis OATH Index No. 911/14 (Feb. 13, 2014), affirmed, HHC Pers. Rev. Bd. Dec. No. 1579 (July 8, 2015), appended Hospital care investigator charged with excessive lateness and excessive absence. ALJ rejected employee’s defense...

File: 12-1781.pdf
Agency: OATH_TRIALS
Date: 5/8/13 12:00 AM
attributable to a disability, and respondent, by...virtue of that disability, is unable to...caused by a disability, no penalty for...be imposed. Health & Hospitals Corp. (Lincoln Medical...to a mental disability and noting that...to pursue a disability proceeding); Dep’t...mental or physical disability”); Housing Auth. v...due to a disability would lead to...issue. In a disability proceeding, petitioner bears...suffers from a disability, that he is

File: 12-1781.pdf
Agency: OATH_TRIALS
Date: 9/16/13 12:00 AM
attributable to a disability, and respondent, by...virtue of that disability, is unable to...caused by a disability, no penalty for...be imposed. Health & Hospitals Corp. (Lincoln Medical...to a mental disability and noting that...to pursue a disability proceeding); Dep’t...mental or physical disability”); Housing Auth. v...due to a disability would lead to...issue. In a disability proceeding, petitioner bears...suffers from a disability, that he is

File: 57-OCB-15-(BCB-1996).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
after separation for disability. Where an employee...reason of a disability resulting from occupational...year, unless his disability is of such...termination of such disability, make application to...on account of disability. I am presently...position as Sergeant, Hospital Police. It is...the Health and Hospitals Corp., assigned at Harlem Hospital. In a letter...Resources at the hospital, informed Grievant that

File: 07-247.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Health and Hospitals Corp. (Harlem Hospital Center) v. Norwood OATH Index No. 247/07 (Jan. 16, 2007) Clerical employee charged with excessive absences, excessive tardiness, being absent without leave, conduct unbecoming and submitting a forged doctor’s note to support her request ...

File: 09-2386.pdf
Agency: OATH_TRIALS
Date: 1/3/13 12:00 AM
Health & Hospitals Corp. (Metropolitan Hospital Ctr.) v. Ricketts OATH Index No. 2386/09 (June 22, 2009), aff’d, 88 A.D.3d 593 (1st Dep’t 2011) Electrician charged with one AWOL and excessive absence for ten unscheduled absences. Due to past disciplinary penalty of 60 days, termina...

File: 05-0462.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Comm’n on Human Rights ex rel. Manning v. HealthFirst, LLC OATH Index No. 462/05 (March 15, 2006), adopted, Comm’n Dec. (May 10. 2006), attached Motion to strike respondents’ answer denied, but motion was granted to take adverse inferences as a sanction for spoliation o...

File: 05-0462.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
SEQ CHAPTER \h \r 1Comm’n on Human Rights ex rel. Manning v. HealthFirst, LLC OATH Index No. 462/05 (March 15, 2006), adopted , Comm’n Dec. (May 10. 2006), attached Motion to strike respondents’ answer denied, but motion was granted to take adverse inferences as a...

File: 22-1844.pdf
Agency: OATH_TRIALS
Date: 11/3/22 12:00 AM
Dep’t of Health & Mental Hygiene v. A.W. OATH Index No. 1844/22 (Oct. 27, 2022) Public health employee found to be absent without authorization for over six months. Termination of employment recommended. ______________________________________________________ NEW YORK CITY OFFICE O...

File: 08-2063.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -11- Health & Hospitals Corporation v. Rivera OATH Index No. 2063/08 (Oct. 23, 2008) Evidence established that respondent threatened his supervisor and was excessively late. Forty-five day suspension recommended. ______________________________________________________ NEW YORK CI...

File: 08-2063.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Health & Hospitals Corporation v. Rivera OATH Index No. 2063/08 (Oct. 23, 2008) Evidence established that respondent threatened his supervisor and was excessively late. Forty-five day suspension recommended. ______________________________________________________ NEW YORK CITY OFFICE ...

File: 11-OCB2d-22-BOC-2018.pdf
Agency: OCB_BOC
Date: 9/7/18 12:00 AM
OSA, 11 OCB2d 22 (BOC 2018) (Rep) (Docket No. AC-1631-16) Summary of Decision: OSA petitioned to add the title Patient Representative to its Staff Analyst bargaining unit. DC 37 intervened and sought to add the title to its Clerical bargaining unit. HHC argued that Patient Represen...

File: 18-2772.pdf
Agency: OATH_TRIALS
Date: 4/22/19 12:00 AM
Fire Dep’t v. Gala OATH Index No. 2772/18 (Apr. 16, 2019) Evidence established that respondent, an emergency medical technician (“EMT”), left a patient before other EMTs arrived to care for the patient; falsely claimed that he had been flagged down by a non-existent patient ...

File: 9830Edec0203.pdf
Agency: TAT
Date: 11/23/09 12:00 AM
SERGIO SCHW ARTZMAN - DECISION - 02/13/03 In the Matter of SERGIO SCHW ARTZMAN TAT (E) 98-30 (UB) - DECISION NEW YORK CITY TAX APPEALS TRIBUNAL APPEALS DIVISION UNINCORPORATED BUSINESS TAX - PETITIONER W AS AN INDEPENDENT CONTRACTOR W ITH RESPECT TO THAT PORTION OF HIS INCOME DERIVED ...

File: 07-243.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
- 2 - - 3 - SEQ CHAPTER \h \r 1Health and Hospitals Corp. (Bellevue Hospital Center) v. Samuel OATH Index No. 243/07 (Dec.20, 2006) Petitioner established its charge that respondent willfully refused two orders to undergo psychiatric evaluation. ALJ recommends that respondent be suspende...

File: 12-771.pdf
Agency: OATH_TRIALS
Date: 5/8/13 12:00 AM
by his alleged disability); see also Ricketts...v. NYC Health & Hospitals Corp., 88 A...caused by his disability). Here, it is...not respondent’s disability caused her absences...002, Enforcement Guidance: Disability-Related Inquiries and...establish that a disability was the cause

File: 12-0771.pdf
Agency: OATH_TRIALS
Date: 8/15/12 12:00 AM
by his alleged disability); see also Ricketts...v. NYC Health & Hospitals Corp., 88 A...caused by his disability). Here, it is...not respondent’s disability caused her absences...002, Enforcement Guidance: Disability-Related Inquiries and...establish that a disability was the cause

File: 12-0771.pdf
Agency: OATH_TRIALS
Date: 9/16/13 12:00 AM
by his alleged disability); see also Ricketts...v. NYC Health & Hospitals Corp., 88 A...caused by his disability). Here, it is...not respondent’s disability caused her absences...002, Enforcement Guidance: Disability-Related Inquiries and...establish that a disability was the cause

File: Aponte-Board-Order.pdf
Agency: COIB
Date: 12/22/21 12:00 AM
1 IN THE MATTER OF ROBERT APONTE COIB CASE NO. 2018-108b OATH INDEX NO. 2218/20 DECEMBER 14, 2021 SUMMARY: In 2016 and 2017, a Special Officer at New York City Health + Hospitals purchased two counterfeit parking placards that contained the Health + Hospitals Police shield insignia fr...

File: 07-1296.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
- 10 - -7- SEQ CHAPTER \h \r 1Dep’t of Correction v. Stevenson OATH Index No. 1296/07 (Oct. 24, 2007) The Department established that respondent has been continuously absent from her position as a correction officer in excess of one year due to a non work-related disability and that re...

File: 07-1296.pdf
Agency: OATH_TRIALS
Date: 5/13/10 12:00 AM
Dep’t of Correction v. Stevenson OATH Index No. 1296/07 (Oct. 24, 2007)* The Department established that respondent has been continuously absent from her position as a correction officer in excess of one year due to a non work-related disability and that respondent is unfit to perform t...

File: 11-801.pdf
Agency: OATH_TRIALS
Date: 6/2/14 12:00 AM
Fire Dep’t v. Sicignano OATH Index No. 801/11 (June 30, 2011), modified on penalty, Comm’r Dec. (May 31, 2012), appended, rev’d and remand, 2014 NY Slip Op 50730(U) (Sup. Ct. Kings Co. 2014) Firefighter tested positive for cocaine in random drug test. Subsequently, firefighter wa...

File: 98-301.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
1 On July 1, 1997, the Commission’s Hearings Division was incorporated into the City’s Office of Administrative Trials and Hearings. 2 Numbers in parentheses preceded by “T” refer to pages in the hearing transcript; those preceded by “Cx.” and “Rx.” refer respectively to the ex...

File: Torres_v_Prince.pdf
Agency: CHR
Date: 2/17/09 12:00 AM
1 NEW YORK CITY COMMISSION ON HUMAN RIGHTS ---------------------------------------------------------x In the Matter of the Complaint of Complaint No.: M-H-D-96-1000166 MINERVA TORRES, and MINERVA (OATH No. 301/98) TORRES ON BEHALF OF HER TWO MINOR CHILDREN, Complain...

File: 10-0138.pdf
Agency: OATH_TRIALS
Date: 12/22/09 12:00 AM
illness constitutes a disability within the meaning...reason of a disability”). Mrs. Bruce presented...was due to disability). Accordingly, I find...his mental - 5 - disability; thus, the disciplinary...dismissed. See Health & Hospitals Corp. (Harlem Hospital Ctr.) v. Sealey...by a mental disability. RECOMMENDATION The disciplinary

File: 15-2238.pdf
Agency: OATH_TRIALS
Date: 5/4/16 12:00 AM
Triborough Bridge & Tunnel Auth. v. Beverley OATH Index No. 2238/15 (Nov. 30, 2015), adopted, Auth. Dec. (Dec. 28, 2015), appended, aff’d, NYC Civ. Serv. Comm’n Case No. 2016-0060 (May 2, 2016), appended Petitioner demonstrated that respondent’s excessive absenteeism constitute...

File: 16-1624.pdf
Agency: OATH_TRIALS
Date: 6/8/17 12:00 AM
Comm’n on Human Rights ex. rel. Blue v. Jovic OATH Index No. 1624/16 (Aug. 19, 2016), adopted, Comm’n Dec. & Order (May 26, 2017) After a default hearing, ALJ held that a landlord discriminated against a tenant and her daughter because of a disability by refusing to provide a rea...

File: 11-932.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Dep’t of Health & Mental Hygiene v. C. L. OATH Index No. 932/11 (Mar. 2, 2011), adopted in part, modified in part, Comm’r Dec. (Apr. 12, 2011), appended In default proceeding decided on submitted papers, the evidence established that respondent has been continuously absent fro...

File: 13-212.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Human Resources Admin. v. Anonymous OATH Index No. 212/13 (Nov. 21, 2012), aff’d, NYC Civ. Serv. Comm’n Item No. CD 13-25- SA (May 13, 2013), appended Evidence established that respondent was repeatedly intoxicated at work. Termination of employment recommended in light of responden...

File: 10-1472.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Dep’t of Correction v. Anonymous OATH Index No. 1472/10 (June 16, 2010) Petitioner established that respondent has been absent in excess of one year due to a non work-related disability and that he is currently unfit to perform the duties of a correction officer. Dismissal from employm...

File: 96-699.pdf
Agency: OATH_TRIALS
Date: 2/2/18 12:00 AM
Housing Authority v. Caballero, OATH Index No. 699/96 (Mar. 13, 1996) Topic(s) : 1. Scope of “current unfitness” under Civil Service Law section 72, and when the potential for future impairment renders an employee currently unfit 2. Whether risk o...

File: 19-348.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
to a local hospital (Tr. 138, 146...applied for a disability retirement. In July...respondent was presently disabled from returning to...application for a disability retirement. The Medical

File: 08-1867.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Housing Authority v. Anonymous OATH Index No. 1867/08 (June 26, 2008) Authority sought to place housing assistant on involuntary leave pursuant to section 72 of the Civil Service Law, based upon diagnosis that employee has a seizure disorder. Finding that the Authority had not met its bur...

File: 12-0802.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Dep’t of Sanitation v. J.G. OATH Index No. 802/12 (Mar. 9, 2012), adopted, Comm’r Dec. (Aug. 23, 2012) Evidence established that sanitation worker’s AWOL was due to his disability. Dismissal of charges recommended as respondent lacked requisite intent to commit misconduct. _________...

File: 21-391.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Triborough Bridge & Tunnel Authority v. A.A. OATH Index No. 391/21 (Feb. 8, 2022) Bridge and tunnel officer was insubordinate in failing to provide certain medical documentation required by medical review officer. However, petitioner failed to prove that respondent was AWOL b...

File: 14-2757.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Dep’t of Correction v. A.A. OATH Index No. 2757/14 (May 22, 2015), modified, Comm’r Dec. (Oct. 23, 2015), appended, modified, NYC Civ Serv. Comm’n Case No. 2015-1317 (Feb. 4, 2016). appended Respondent, a civilian employee, engaged in misconduct when he committed an off-duty as...

File: 13-2246.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Human Resources Admin. v. Anonymous OATH Index No. 2246/13 (Oct. 31, 2013) Clerical associate accessed confidential public assistance records without authorization; posted items on the wall of his cubicle and maintained items in a folder on his desk to intimidate his supervisor; provided ...

File: 14-2183.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Police Dep’t v. A.A. OATH Index No. 2183/14 (June 30, 2015) Petitioner proved that respondent is unfit to perform the duties of a traffic enforcement agent. Leave of absence under section 72 of the Civil Service Law recommended. __________________________________________________...

File: 05-462.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Comm’n on Human Rights ex rel. Manning v. HealthFirst, LLC OATH Index No. 462/05 (March 15, 2006) Motion to strike respondents’ answer denied, but motion was granted to take adverse inferences as a sanction for spoliation of evidence. Petitioner established employment discriminati...

File: 05-462.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
SEQ CHAPTER \h \r 1Comm’n on Human Rights ex rel. Manning v. HealthFirst, LLC OATH Index No. 462/05 (March 15, 2006) Motion to strike respondents’ answer denied, but motion was granted to take adverse inferences as a sanction for spoliation of evidence. Petitioner established empl...

File: 12-212.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
Admin. for Children’s Services v. Anonymous OATH Index No. 212/12 (Dec. 15, 2011) Petitioner established by a preponderance of the credible evidence that Child Protective Specialist Supervisor II was unfit to perform the duties of her position due to a disability. ____________________...

File: 06-1059.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
-17- Admin. for Children’s Services v. Rosario OATH Index No. 1059/06 (Apr. 11, 2006) Evidence established that respondent clerical worker re-entered agency offices late at night in a state of intoxication, ushered a stranger to the agency into the offices, consumed beer there with him,...

File: 06-1059.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Admin. for Children’s Services v. Rosario OATH Index No. 1059/06 (Apr. 11, 2006), aff’d, NYC Civ. Serv. Comm’n item No. CD07-16- SA (Feb. 12, 2007) Evidence established that respondent clerical worker re-entered agency offices late at night in a state of intoxication, ushered a ...

File: 07-243.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Health and Hospitals Corp. (Bellevue Hospital Center) v. Samuel OATH Index No. 243/07 (Dec.20, 2006) Petitioner established its charge that respondent willfully refused two orders to undergo psychiatric evaluation. ALJ recommends that respondent be suspended for thirty days without pay...

File: 15-1003.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Transit Auth. v. D.S. OATH Index No. 1003/15 (Mar. 31, 2015) Associate staff analyst admitted making inappropriate statements constituting threats to a supervisor and was found guilty of misconduct. Considering mitigation evidence related to the recent death of his wife, ALJ recommends a...

File: 21-0484.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Transit Authority v. Anonymous OATH Index No. 484/21 (May 3, 2021) Respondent activated a fire alarm on an elevator and yelled “fire” when there was no fire, threw a metal stand at a co-worker, and failed to report the ensuing arrest promptly. Penalty of 60 days’ suspension...

File: 15-2343.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Dep’t of Correction v. M.C. OATH Index No. 2343/15 (Mar. 17, 2016) Charges that correction officer attempted to shoplift from Macy’s on two occasions were not sustained because the evidence that he intended to steal the merchandise was equivocal. Charge that he failed to no...

File: 18-1865.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Housing Auth. v. Anonymous OATH Index No. 1865/18 (May 3, 2018), rejected, Auth. Dec. (May 16, 2018), appended Fitness proceeding brought against customer information representative. ALJ found evidence insufficient to establish that employee’s disability rendered him unable to p...

File: 16-858.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Dep’t of Parks &Recreation v. Anonymous OATH Index No. 858/16 (Apr. 12, 2016) Petitioner demonstrated that respondent, a computer associate, is currently unfit for the duties of his job and should be on a leave pursuant to section 72 of the Civil Service Law. _________________________...

File: 14-2443.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Dep’t of Environmental Protection v. Anonymous OATH Index No. 2443/14 (Aug. 20, 2014) Petitioner demonstrated that machinist is currently unfit for the duties of his job and was properly placed on an emergency leave pursuant to section 72 of the Civil Service Law. Recommendati...

File: 21-1969.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Admin. For Children’s Services v. Anonymous OATH Index No. 1969/21 (June 30, 2021), adopted, Comm’r Dec. (July 6, 2021), appended In fitness proceeding brought against child protective specialist pursuant to section 72 of the Civil Service Law, ALJ found evidence sufficient to e...

File: 18-2624.pdf
Agency: OATH_TRIALS
Date: 5/1/22 12:00 AM
Triborough Bridge & Tunnel Auth. v. Frans-Nanton OATH Index No. 2624/18 (July 5, 2019), adopted in part, rejected in part, Pres. Dec. (Nov. 13, 2019), appended Respondent, a Bridge and Tunnels officer, was charged with excessive absenteeism over two identified periods. ALJ found that ...

File: comm_v_325.pdf
Agency: CHR
Date: 2/17/09 12:00 AM
1 NEW YORK CITY COMMISSION ON HUMAN RIGHTS -----------------------------------------------------------------x In the Matter of the Complaint of Index No.: 1423/98 COMMISSION ON HUMAN RIGHTS, RONNIE ELLEN RAYMOND, Complainant, -...

File: 10-2596.pdf
Agency: OATH_TRIALS
Date: 5/24/24 12:00 AM
connection between mental disability and excessive absences...shortages), with Health & Hospitals Corp. (Lincoln Medical...place employee on disability leave), citing Brockman

File: 06-809.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE - 6 - SEQ CHAPTER \h \r 1 Health and Hospitals Corp. (Jacobi Medical Center) v. Osborne OATH Index No. 809/06 (May 17, 2006) Employee AWOL for 21 months argued that his heroin addiction and methadone maintenance constituted a disability for which he could not be disciplined unde...

File: 06-809.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Health and Hospitals Corp. (Jacobi Medical Center) v. Osborne OATH Index No. 809/06 (May 17, 2006) Employee AWOL for 21 months argued that his heroin addiction and methadone maintenance constituted a disability for which he could not be disciplined under McEniry v. Landi, 84 N.Y.2d 554...

File: 17-1260md12.pdf
Agency: OATH_TRIALS
Date: 12/21/17 12:00 AM
Comm’n on Human Rights ex rel. Vincent v. Health & Hospitals Corp. (Woodhull Hospital Ctr.) OATH Index No. 1260/17, mem. dec. (May 4, 2017), adopted, Chair’s Order on Request for Interlocutory Review (Dec. 12, 2017) In employment discrimination action, employer filed motion to comp...

File: 04-120.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
placed out on disability. Paramedic McAllan was...the Health and Hospitals Corporation stipulated to...as "permanently partially disabled" does not persuade...the Health and Hospitals Corporation to the...gives assurances that disabled paramedics may request