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GENERAL CITY AGENCIES
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ETHICS AGENCIES
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ARCHIVE (PRE - 2017)
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TLC (Taxi & Limousine Commission)
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Page 1 results for "disability hospital"

Total results: 536

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: 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: 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: 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: 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: 14-866.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Financial Information Services Agency v. N.P. OATH Index No. 866/14 (Aug. 22, 2014) Petitioner proved that respondent is unfit to perform the duties of a computer associate. Continued involuntary leave recommended. ______________________________________________________ ...

File: 18-1750.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Dep’t of Transportation v. Anonymous OATH Index No. 1750/18 (Apr.16, 2018) Petitioner demonstrated that a clerical associate 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. Recommendatio...

File: 16-1336.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Dep’t of Health & Mental Hygiene v. Anonymous OATH Index No. 1336/16 (June 29, 2016) Petitioner demonstrated that respondent, a public health adviser, is currently unfit for the duties of her job and should be on an involuntary leave pursuant to section 72 of the Civil Service Law....

File: 18-2089.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
New York City Housing Auth. v. Anonymous OATH Index No. 2089/18 (Aug. 20, 2018) Petitioner proved that respondent is unfit to perform the duties of a carpenter. Continued involuntary leave recommended. ______________________________________________________ NEW YORK CIT...

File: 17-480.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Dep’t of Transportation v. Anonymous OATH Index No. 480/17 (Dec. 27, 2016) Petitioner proved that, due to a mental illness, respondent is presently unfit to perform his job and should remain on involuntary leave. _______________________________________________ NEW YORK C...

File: 17-2230.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Dep’t of Environmental Protection v. Anonymous OATH Index No. 2230/17 (Oct. 3, 2017), modified, Comm’r Dec. (Oct. 26, 2017), appended, aff’d, NYC Civ. Serv. Comm’n Index No. 2017-1057 (Aug. 2, 2018), appended Petitioner failed to show that respondent was AWOL or that she f...

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: 15-321.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Dep’t of Environmental Protection v. J.B. OATH Index No. 321/15 (Dec. 19, 2014), rejected and remanded, Comm’r Dec. (Feb. 13, 2015), appended DEP police officer was accused of being unfit to perform the duties of his position and placed on involuntary leave pursuant to Section 72 of t...

File: 21-70.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Admin. For Children’s Services v. S.W. OATH Index No. 0070/21 (Oct. 16, 2020), adopted in part, rejected in part, Comm’r Dec. (Nov. 12, 2020), appended Fitness proceeding brought against child protective specialist pursuant to section 72 of the Civil Service Law. ALJ found evidence...

File: 15-173.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
position and should be placed on a disability leave pursuant to section 72 of the Civil...

File: 23-379.pdf
Agency: OATH_TRIALS
Date: 1/30/24 12:00 AM
Health & Hospitals Corp. (Gotham) v. Alston-Harris OATH Index No. 379/23 (Jan. 16, 2024) The credible evidence established that respondent has been continuously absent without authorization since February 17, 2022. Termination of employment recommended. NEW YORK CITY OFFICE OF ADM...

File: 14-2473.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
duty assignments for temporarily disabled employees should not exceed one year, except...

File: 24-272.pdf
Agency: OATH_TRIALS
Date: 4/29/24 12:00 AM
Dep’t of Sanitation v. Patsakos OATH Index No. 272/24 (Apr. 11, 2024) Supervisor charged with discourtesy, violating emergency leave rules, insubordination, and failing to perform assigned tasks. Petitioner proved 18 of 19 charges. Suspension for 89 work days recommended, wi...

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: 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: 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: 21-1182.pdf
Agency: OATH_TRIALS
Date: 8/4/23 12:00 AM
Dep’t of Health and Mental Hygiene v. Adams OATH Index No. 1182/21 (July 27, 2023) Public health nurse charged with insubordination for refusing to wear a mask at work, failing to report to work as directed in violation of mandatory health and safety policies, and displaying unci...

File: 21-2293.pdf
Agency: OATH_TRIALS
Date: 1/8/24 12:00 AM
Dep’t of Consumer and Worker Protection v. Champion Security Services, Inc., et al. OATH Index No. 2293/21 (Oct. 23, 2023), adopted, Comm’r Dec. (Jan. 5, 2024), appended Respondents violated the Earned Sick and Safe Time Act by: failing to permit employees to use paid...

File: 06-882.pdf
Agency: OATH_TRIALS
Date: 10/2/23 12:00 AM
Dep’t of Correction v. Malone OATH Index No. 882/06 (Jan. 11, 2007), aff’d sub nom Malone v. Horn, 2008 N.Y. Misc. LEXIS 8225 (Sup. Ct. N.Y. Co. Jan. 14, 2008), appended Absent evidence representative had appeared for respondent before agency for same matter, ALJ denied agency's ...

File: 19-2647.pdf
Agency: OATH_TRIALS
Date: 10/2/23 12:00 AM
Dep’t of Consumer & Worker Protection v. Anonymous OATH Index No. 2647/19 (Mar. 8, 2022), adopted, Comm’r Dec. (Apr. 14, 2022), appended, aff’d sub nom, Interrante v. City of New York, Index No. 155932/2022 (Sup. Ct. N.Y. Co. Nov. 30, 2022), aff’d, 2023 N.Y. App. Div. LEXIS 4700 (...

File: 00-1295md.pdf
Agency: OATH_TRIALS
Date: 1/30/24 12:00 AM
the Veterans Administration Hospital in St. Albans. Respondent is a disabled veteran, who still has...

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: 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: 19-2055.pdf
Agency: OATH_TRIALS
Date: 4/12/23 12:00 AM
insufficient to show disability); Health and Hospitals Corp. (Kings County Hospital Center) v. Justin...

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: 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: 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: 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: 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: 22-2028.pdf
Agency: OATH_TRIALS
Date: 7/12/23 12:00 AM
Health & Hospitals Corp. (Harlem Hospital Ctr.) v. Ostalaza OATH Index No. 2028/22 (Apr. 11, 2023), adopted, CEO Dec. (June 16, 2023), appended Petitioner failed to establish that respondent was absent since May 2021, as alleged, but established that she was continuously absent without aut...

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: 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: 10-2742.pdf
Agency: OATH_TRIALS
Date: 8/1/12 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: 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: 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: 4/17/13 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: 09-2448.pdf
Agency: OATH_TRIALS
Date: 10/6/09 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: 9/26/11 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: 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: 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: 12-771.pdf
Agency: OATH_TRIALS
Date: 4/17/13 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: 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: 12-1546.pdf
Agency: OATH_TRIALS
Date: 9/28/12 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: 11-801.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: 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: 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: 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: 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: 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: 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

File: 22-298.pdf
Agency: OATH_TRIALS
Date: 4/20/23 12:00 AM
Dep’t of Social Services (Dep’t of Homeless Services) v. Thomas OATH Index No. 298/22 (Jan. 6, 2022), adopted, Comm’r Dec. (Jan. 30, 2023), appended, aff’d, NYC Civ. Serv. Comm’n Case No. 2023-0065 (Apr. 13, 2023), appended Petitioner established that respondent demonstrated ...

File: 20-1155.pdf
Agency: OATH_TRIALS
Date: 4/12/23 12:00 AM
Dep’t of Social Services (Dep’t of Homeless Services) v. Anonymous OATH Index No. 1155/20 (Nov. 27, 2020), adopted, Comm’r Dec (Jan. 14, 2022), appended Security officer charged with two years of AWOL and using excessive force against shelter resident. ALJ sustained one year of ...

File: 23-2965.pdf
Agency: OATH_TRIALS
Date: 1/8/24 12:00 AM
Health & Hospitals Corp. (Gouverneur Skilled Nursing Facility) v. Irizarry OATH Index No. 2965/23 (Oct. 23, 2023), adopted, CEO Dec. (Dec. 28, 2023), appended Petitioner’s undisputed evidence established that respondent took blank COVID vaccination cards without authorization. No...

File: 11-1997.pdf
Agency: OATH_TRIALS
Date: 2/17/12 12:00 AM
suffered from a disability); see also Health & Hospitals Corp. (Metropolitan Hospital Ctr.) v. Ricketts, OATH...

File: 11-1997.pdf
Agency: OATH_TRIALS
Date: 2/16/12 12:00 AM
suffered from a disability); see also Health & Hospitals Corp. (Metropolitan Hospital Ctr.) v. Ricketts, OATH...

File: 18-1880.pdf
Agency: OATH_TRIALS
Date: 5/15/24 12:00 AM
Dep’t of Sanitation v. Anonymous OATH Index No. 1880/18 (July 11, 2018) Sanitation worker found guilty of providing a substituted urine specimen during a random drug test and of 13 other miscellaneous time and leave and insubordination charges. Termination from employment reco...

File: I-225-08.pdf
Agency: OCB_BCB
Date: 8/14/12 12:00 AM
program in a hospital, health care or...institutional inmates or hospital patients with physical...problems resulting from hospitalization, institutionalization, disability or maladjustment. 34...programs in a hospital or correctional institution...correctional institution or hospital. 9. Observes the

File: 69-OCB-21-(BCB-2002).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
provide proof of disability satisfactory to the...agreed with the Hospital that the documentation...in which the Hospital had denied the

File: 13-1519.pdf
Agency: OATH_TRIALS
Date: 12/4/13 12:00 AM
Jackson v. Elmhurst Hospital Ctr., 2012 U...St. Lukes-Roosevelt Hospital Ctr., 303 Fed...d Cir. 2008)) (disability discrimination claim rejected...requested documentation of disability may not claim...some proof of disability. Because respondent failed

File: 09-2967.pdf
Agency: OATH_TRIALS
Date: 9/3/09 12:00 AM
Fire Dep’t v. Krasner OATH Index No. 2967/09 (Aug. 18, 2009) Petitioner proved that fire protection inspector engaged in conduct prejudicial to good order and discipline, and disorderly and disruptive conduct, when he loudly refused to comply with his supervisor’s instructions, regul...

File: 13-1519-Amended.pdf
Agency: OATH_TRIALS
Date: 9/16/13 12:00 AM
Jackson v. Elmhurst Hospital Ctr., 2012 U...St. Lukes-Roosevelt Hospital Ctr., 303 Fed...d Cir. 2008)) (disability discrimination claim rejected...requested documentation of disability may not claim...some proof of disability. Because respondent failed

File: 09-3416amended.pdf
Agency: OATH_TRIALS
Date: 2/17/12 12:00 AM
Fire Dep’t v. Rivera OATH Index No. 3416/09 (July 30, 2010), superseding (July 28, 2010), adopted, Comm’r Dec. (Sept. 24, 2010), appended Respondent, an emergency medical technician, tested positive for cocaine in a workplace random drug test. Termination of respondent’s employ...

File: 03-965.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Correction v. Shepheard OATH Index No. 965/03 (Nov. 6, 2003) Application to terminate correction captain pursuant to section 73 of the civil service law denied where petitioner did not prove respondent had been continuously absent for more than one year due to non-work related disabilit...

File: 03-1533.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Buildings v Pachtman OATH Index No. 1533/03 (Aug. 25, 2003), modified, Comm'r Dec. (September 15,2003), appended, aff'd, 24 A.D.3d 210, 806 N.Y.S.2d 43 (1st Dep't 2005). Respondent was charged with engaging in criminal or improper conduct or conflict of interest surrounding an inciden...

File: 09-3416amended.pdf
Agency: OATH_TRIALS
Date: 2/8/12 12:00 AM
Fire Dep’t v. Rivera OATH Index No. 3416/09 (July 30, 2010), superseding (July 28, 2010), adopted, Comm’r Dec. (Sept. 24, 2010), appended Respondent, an emergency medical technician, tested positive for cocaine in a workplace random drug test. Termination of respondent’s employ...

File: 04-1061.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Health and Hospitals Corp. (Renaissance Health Care Network Diagnostic and Treatment Center) v. Lasane OATH Index No. 1061/04 (May 24, 2004) Long-term continuous unauthorized absence; respondent terminated. ________________________________________________________________ NEW YORK CITY OFFI...

File: 12-1850.pdf
Agency: OATH_TRIALS
Date: 11/26/14 12:00 AM
Fire Dep’t v. Ehrlich OATH Index No. 1850/12 (May 21, 2013), modified, Comm’r Dec. (Nov. 25, 2013), appended, aff’d, NYC Civ. Serv. Comm’n Item No. 2013-0195 (Nov. 20, 2014), appended EMS lieutenant guilty of sleeping on duty on six occasions, excessive lateness, AWOL and othe...

File: 19-2002.pdf
Agency: OATH_TRIALS
Date: 2/19/20 12:00 AM
Dep’t. of Health and Mental Hygiene v. Anonymous OATH Index No. 2002/19 (Feb. 11, 2020) Petitioner did not prove that Respondent was currently unfit to perform duties as a school nurse. Petition is dismissed. ______________________________________________________ ...

File: 9830det0701.pdf
Agency: TAT
Date: 11/25/09 12:00 AM
SERGIO SCHWARTZMAN – DETERMINATION – 07/20/01 In the Matter of SERGIO SCHWARTZMAN TAT(H) 98-30(UB) - DETERMINATION NEW YORK CITY TAX APPEALS TRIBUNAL ADMINISTRATIVE LAW JUDGE DIVISION UNINCORPORATED BUSINESS TAX - A SALARIED HOSPITAL STAFF PHYSICIAN WHO EARNED ADDITIONAL COMPENSATI...

File: Ruiz_v_arcade.pdf
Agency: CHR
Date: 2/17/09 12:00 AM
going to the hospital, she was advised...leave. Ruiz' next hospital visit came after...admitted to the hospital for five days...sent home on disability for one week...doctor at the hospital, Dr. Taverna, referred...placed her on disability for six months...after her first hospital visit in the

File: 11-857.pdf
Agency: OATH_TRIALS
Date: 2/17/12 12:00 AM
Dep't of Sanitation v. Centeno OATH Index No. 857/11 (June 6, 2011), aff’d, NYC Civ. Serv. Comm’n Item No. CD 11-92-SA (Nov. 30, 2011) Respondent is charged with stealing cleaning supplies from the Department and two instances of insubordination. ALJ finds that all of the charges a...

File: 11-857.pdf
Agency: OATH_TRIALS
Date: 2/16/12 12:00 AM
Dep't of Sanitation v. Centeno OATH Index No. 857/11 (June 6, 2011), aff’d, NYC Civ. Serv. Comm’n Item No. CD 11-92-SA (Nov. 30, 2011) Respondent is charged with stealing cleaning supplies from the Department and two instances of insubordination. ALJ finds that all of the charges a...

File: 11-932.pdf
Agency: OATH_TRIALS
Date: 5/6/11 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: 9-OCB-23-(BCB-1972).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
1 City v. Podiatry Soc. Of NYS, 9 OCB 23 (BCB 1972) [Decision No. B-23-72] OFFICE OF COLLECTIVE BARGAINING BOARD OF COLLECTIVE BARGAINING -------------------------------- In the Matter of the Impasse -between- DECISION NO. B-23-72 THE CITY OF NEW YORK DOCKET NO. BCB I-1-72 -and- THE P...

File: 43-OCB-4-(BCB-1989).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
Uniformed Firefighters Ass’n, 43 OCB 4 (BCB 1989) [Decision No. B-4-89 (S)], aff’d, Uniformed Firefighters Ass’n v. Office of Collective Bargaining, No. 12338/89 (Sup. Ct. N.Y. Co. Oct. 30, 1989), aff'd, 163 A.D.2d 251, 558 N.Y.S.2d 72 (1st Dep't 1990). OFFICE OF COLLECTIVE BARGAINING BO...

File: 54-OCB-2--BOC-1994-.pdf
Agency: OCB_BOC
Date: 9/27/10 12:00 AM
NYSNA, et. al v. DC37, City, et. al,54 OCB 2 (BOC 1994) [2-94 (Cert.)] OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION ------------------------------------- x In the Matter of NEW YORK STATE NURSES ASSOCIATION, Petitioner. --and-- DECISION NO. 2-94 FEDERATION OF NURSES, NEW YORK S...

File: 13-212.pdf
Agency: OATH_TRIALS
Date: 6/4/13 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: 17-1355.pdf
Agency: OATH_TRIALS
Date: 10/9/18 12:00 AM
Transit Auth. v. M. K. OATH Index No. 1355/17 (Feb. 14, 2018), aff’d, NYC Civ. Serv. Comm’n Case No. 2018-0275 (Oct. 2, 2018), appended Petitioner established that respondent refused to submit documentation as directed, failed to report for a mandatory overtime shift, and ref...

File: 05-262.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Health & Hospitals Corp. (Bellevue Hospital) v. Olosunde OATH Index No. 262/05 (June 15, 2005) Respondent was charged with falsifying his time records and being absent without leave for two days. Petitioner failed to establish misconduct. Judge recommended dismissal of all charges. ___________...

File: 08-228.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -9- Human Resources Admin. v. Barnes OATH Index No. 228/08 (Nov. 15, 2007), adopted and remanded , Administrator’s Determination, Jan. 29, 2008, appended Respondent demonstrated that the charged misconduct was most likely due to a mental disability. The disciplinary charges shou...

File: 08-228.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Human Resources Admin. v. Barnes OATH Index No. 228/08 (Nov. 15, 2007), adopted and remanded, Administrator’s Determination, Jan. 29, 2008, appended Respondent demonstrated that the charged misconduct was most likely due to a mental disability. The disciplinary charges should be dism...

File: 12-941.pdf
Agency: OATH_TRIALS
Date: 1/22/13 12:00 AM
Human Resources Admin. v. Griffin OATH Index No. 941/12 (May 10, 2012), aff’d, NYC Civ. Serv. Comm’n Item No. CD 12-52-SA (Oct. 26, 2012) Evidence established that respondent failed to report to new work location, engaged in insubordinate and unprofessional conduct, was repeatedly ...

File: 12-941.pdf
Agency: OATH_TRIALS
Date: 1/28/13 12:00 AM
Human Resources Admin. v. Griffin OATH Index No. 941/12 (May 10, 2012), aff’d, NYC Civ. Serv. Comm’n Item No. CD 12-52-SA (Oct. 26, 2012) Evidence established that respondent failed to report to new work location, engaged in insubordinate and unprofessional conduct, was repeatedly ...

File: 13-651.pdf
Agency: OATH_TRIALS
Date: 4/8/13 12:00 AM
Dep’t of Correction v. Massie OATH Index No. 651/13 (Mar. 29, 2013) Petitioner established that respondent was disrespectful towards his supervisors, refused to conduct workshops as required by his supervisors, completed significantly fewer discharge letters than other counselors in his...

File: 13-651.pdf
Agency: OATH_TRIALS
Date: 4/2/13 12:00 AM
Dep’t of Correction v. Massie OATH Index No. 651/13 (Mar. 29, 2013) Petitioner established that respondent was disrespectful towards his supervisors, refused to conduct workshops as required by his supervisors, completed significantly fewer discharge letters than other counselors in his...

File: 97-819.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Fire Dep't v. Egan, OATH Index No. 819/97 (Aug. 15, 1997), aff’d sub nom Egan v. Von Essen, 260 A.D.2d 479, 688 N.Y.S.2d 573 (2d Dep’t 1999). Summary : 1.Admissions made by respondent regarding injuries and plan to cover them up with a work related accident related by two co-workers, which ...

File: 55-OCB-2-(BCB-1995).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
The Agreement which covers the date of the Grievant's 1 discharge, i.e., May 29, 1992, is the 1991-92 Memorandum of Agreement ("1991-92 Memorandum"). Dated April 14, 1992, it covers the term from July 1, 1991, through June 30, 1992. Section 2 ("Existing Terms and Conditions") of the 1991-...

File: 08-536.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE - 14 - SEQ CHAPTER \h \r 1Police Dep’t v. Cornick OATH Index No. 536/08 (Dec. 7, 2007), rev’d , Comm’r Decision (Apr. 9, 2008), appended Evidence found insufficient to support finding that police administrative aide was currently unfit. Petition dismissed. On review, the Com...

File: 08-536.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Police Dep’t v. Cornick OATH Index No. 536/08 (Dec. 7, 2007), rev’d, Comm’r Decision (Apr. 9, 2008), appended Evidence found insufficient to support finding that police administrative aide was currently unfit. Petition dismissed. On review, the Commissioner found petitioner proved a...

File: 08-2564.pdf
Agency: OATH_TRIALS
Date: 4/19/11 12:00 AM
Fire Dep’t v. Maresca OATH Index No. 2564/08 (Nov. 19, 2008), modified on penalty, Comm’r Dec. (Feb. 11, 2009), aff’d sub nom Maresca v. Scoppetta, Index No. 13478/09 (Sup. Ct. Kings Co. Nov. 30, 2009), appended Firefighter was arrested for possession of cocaine and tested positiv...

File: 05-143md.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Health and Hospitals Corp. (Harlem Hospital Center) v. Norwood OATH Index No. 143/05, mem. dec. (Mar. 7, 2005)* *Connected case: Druyan v. Fraser, Index No. 107029/05 (Sup. Ct. N.Y. Co. June 6, 2007), appended Motion for reconsideration of denial of counsel’s motion to withdraw as attorney ...

File: 10-1472.pdf
Agency: OATH_TRIALS
Date: 6/23/10 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: 20-2218.pdf
Agency: OATH_TRIALS
Date: 12/6/21 12:00 AM
Conflicts of Interest Board v. Aponte OATH Index No. 2218/20 (June 10, 2021), adopted, COIB Case No. 2018-108b (Nov. 23, 2021), appended In a default proceeding, petitioner established that a former City employee used fake City parking placards for his personal benefit in violat...

File: LBO-2335-TR-696.pdf
Agency: LOFT
Date: 3/9/16 12:00 AM
NEW YORK CITY LOFT BOARD In tlte Matter of tlte Application of 115 West 28th Street Corp. and Eleanor Dube Order: ORDER Loft Board Order # 2335 ~: 115 West 28th Street New York, New York IMD No.: none Docket No. TR-0696 OATH Index No. 733/98 Based on the report and rec...

File: 05-143md2.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Health and Hospitals Corp. (Harlem Hospital Center) v. Norwood OATH Index No. 143/05, mem. dec. (June 20, 2005) Petitioner's post-report and recommendation motion to reopen the record to submit new evidence bearing on respondent's fitness for duty denied where new evidence would not change the...

File: 05-721.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
SEQ CHAPTER \h \r 1Comm'n on Human Rights (Orlic) v. T. K. Management, Inc. OATH Index No. 721/05 (Apr. 14, 2005), aff'd , Comm'n Dec. (May 26, 2005), appended, aff’d sub nom , T.K. Management v. Gatling , NYLJ, Nov. 2, 2005, at 19, col. 2 (Sup. Ct. N.Y. Co. ) On remand, ALJ found that el...

File: 05-721.pdf
Agency: OATH_TRIALS
Date: 7/7/11 12:00 AM
Comm'n on Human Rights ex rel. Orlic v. T. K. Management, Inc. OATH Index No. 721/05 (Apr. 14, 2005), aff'd, Comm’n Dec. (May 26, 2005), appended, aff’d sub nom, T.K. Management v. Gatling, 2005 N.Y. Misc. LEXIS 3593 (Sup. Ct. Queens Co. Nov. 2, 2005) On remand, ALJ foun...

File: 09-1206.pdf
Agency: OATH_TRIALS
Date: 7/13/09 12:00 AM
Transit Auth. v. Felix OATH Index No. 1206/09 (June 16, 2009) Employee workers’ compensation benefit examiner charged with misconduct in the form of incompetence and insubordination for failure to complete particular work assignments timely and being rude and disrespectful to other agen...

File: 79-OCB-13-(BCB-2007).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
Detective Investigators Association of the District Attorneys’ Offices, 79 OCB 13 (BCB 2007) [Decision No B-13-2007] (Scope) (Docket No. BCB-2573-06) (I-246-06) Summary of Decision: The City petitioned for a determination that eight bargaining demands proposed by the DIA were outside the sco...

File: 21-484.pdf
Agency: OATH_TRIALS
Date: 5/12/21 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: 06-0804.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Fire Dep't v. Kelly OATH Index No. 804/06 (June 9, 2006), modified on penalty, Comm’r Dec. (Jan. 2, 2007), appended Petitioner proved that firefighter was selected randomly and tested positive for drug use. Although r...

File: 06-0804.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -24- SEQ CHAPTER \h \r 1 Fire Dep't v. Kelly OATH Index No. 804/06 (June 9, 2006), modified on penalty , Comm’r Dec. (Jan. 2, 2007), appended Petitioner proved that firefighte...

File: 06-804.pdf
Agency: OATH_TRIALS
Date: 1/27/10 12:00 AM
Fire Dep't v. Kelly OATH Index No. 804/06 (June 9, 2006), modified on penalty, Comm’r Dec. (Jan. 2, 2007), appended, aff’d, 56 A.D.3d 475 (2d Dep’t 2008) Petitioner proved that firefighter was selected randomly and ...

File: 08-1867.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE - 6 - 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 ...

File: 08-1867.pdf
Agency: OATH_TRIALS
Date: 2/17/09 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: 09-3416.pdf
Agency: OATH_TRIALS
Date: 8/3/10 12:00 AM
Fire Dep’t v. Rivera OATH Index No. 3416/09 (July 30, 2010), superseding (July 28, 2010) Respondent, an emergency medical technician, tested positive for cocaine in a workplace random drug test. Termination of respondent’s employment recommended. ____________________________________...

File: 08-2101.pdf
Agency: OATH_TRIALS
Date: 1/27/10 12:00 AM
Fire Dep’t v. Peltonen OATH Index No. 2101/08 (Oct. 9, 2008), aff’d, 2009 NY Slip Op 52001U, 2009 N.Y. Misc. 2716 (Sup. Ct. Kings Co. 2009) Petitioner proved that firefighter tested positive for cocaine use. Although respondent suffered from post-traumatic stress disorder (“PTSD...

File: 08-2101.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
- 6 - - 2 - Fire Dep’t v. Peltonen OATH Index No. 2101/08 (Oct. 9, 2008) Petitioner proved that firefighter tested positive for cocaine use. Although respondent suffered from post-traumatic stress disorder (“PTSD”) related to 9/11, and his drug use was caused by his PTSD, such use wa...

File: 170243a.pdf
Agency: CPC
Date: 7/26/17 12:00 AM
1 C 170243 (A) ZMQ CITY PLANNING COMMISSION July 10, 2017/Calendar No. 2 C 170243 (A) ZMQ IN THE MATTER OF an application submitted by NYC Economic Development Corporation pursuant to Section 197-c and 201 of the New York Cit...

File: 06-804.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -15- SEQ CHAPTER \h \r 1 Fire Dep't v. Kelly OATH Index No. 804/06 (June 9, 2006) Petitioner proved that firefighter was selected randomly and tested positive for drug use. Alt...

File: 12-0802.pdf
Agency: OATH_TRIALS
Date: 5/18/12 12:00 AM
Dep’t of Sanitation v. J.G. OATH Index No. 802/12 (Mar. 9, 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: 12-802.pdf
Agency: OATH_TRIALS
Date: 9/28/12 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: 12-802.pdf
Agency: OATH_TRIALS
Date: 9/16/13 12:00 AM
Dep’t of Sanitation v. J.G. OATH Index No. 802/12 (Mar. 9, 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: 17-233.pdf
Agency: OATH_TRIALS
Date: 12/27/16 12:00 AM
Human Resources Admin. v. Holman OATH Index No. 223/17 (Dec. 22, 2016) Petitioner established that respondent was discourteous, insubordinate, absent without leave, and intoxicated while at work. Termination of employment recommended. ___________________________________________...

File: 17-223.pdf
Agency: OATH_TRIALS
Date: 1/16/18 12:00 AM
Human Resources Admin. v. Holman OATH Index No. 223/17 (Dec. 22, 2016), aff’d, NYC Civ. Serv. Comm’n Index No. 2017-0161 (May 12, 2017), appended Petitioner established that respondent was discourteous, insubordinate, absent without leave, and intoxicated while at work. Termi...

File: 97-1590.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Parks and Recreation v. Johnson OATH Index No. 1590/97 (September 3, 1997) reversed Comm’r Dec. (Sept. 18, 1997), appended. Summary: ALJ had found that petitioner did not prove that respondent was unfit due to a mental disability and had recommended that respondent be allowed to...

File: 63-OCB-34-(BCB-1999).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
Section 12-306 of the NYCCBL provides, in part:1 a. Improper public employer practices. It shall be an improper practice for a public employer or its agents: (1) to interfere with, restrain or coerce public employees in the exercise of their rights granted in § 12-305 of this chapter; ***...

File: 04-1141.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Comm’n on Human Rights ex rel. De La Rosa v. Manhattan and Bronx Surface Transportation Operating Auth. OATH Index No. 1141/04 (Dec. 30, 2004), aff'd, Comm'n Dec. (Mar. 11, 2005), appended Complainants, two individuals who travel by wheelchair, alleged that they were discriminated against ...

File: 06-230.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -2- SEQ CHAPTER \h \r 1Admin. for Children’s Services v. Keyes OATH Index Nos. 230/06 and 559/06 (Mar. 13, 2006) Petitioner established that respondent violated time and leave regulations, including the prohibitions against excessive lateness and absences without leave. Responde...

File: 06-230.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Admin. for Children’s Services v. Keyes OATH Index Nos. 230/06 and 559/06 (Mar. 13, 2006) Petitioner established that respondent violated time and leave regulations, including the prohibitions against excessive lateness and absences without leave. Respondent’s evidence was insufficie...

File: 09-972.pdf
Agency: OATH_TRIALS
Date: 6/2/09 12:00 AM
Dep’t of Correction v. Duclet OATH Index No. 972/09 (May 19, 2009) Respondent, a correction officer, found to have been excessively absent since 2007. Respondent also found to have been excessively out of residence without authorization on three dates in 2007 and 2008. Penalty of t...

File: 8-OCB2d-8-BCB-2015.pdf
Agency: OCB_BCB
Date: 7/29/16 12:00 AM
Kassim, 8 OCB2d 8 (BCB 2015) (IP) (Docket No. BCB-4087-14) Summary of Decision: Petitioner alleged that the Union breached its duty of fair representation in violation of NYCCBL § 12-306(b) by not adequately pursuing her complaints about HHC’s treatment of her and by failing to k...

File: 23-1868.pdf
Agency: OATH_TRIALS
Date: 10/31/23 12:00 AM
Dep’t of Social Services (Human Resources Admin.) v. T.B. OATH Index No. 1868/23 (Oct. 19, 2023) An Eligibility Specialist is presently unfit to perform the duties of her position due to a mental disability. Leave of absence under section 72 of the Civil Service Law recommended. ...

File: 05-384.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Transportation v. Mendez OATH Index No. 384/05 (Jan. 19, 2005) Charge that respondent used vulgar language to a superior and refused an assignment is sustained, as is charge that respondent was absent without official leave. Although there was no evidence that respondent verbally re...

File: 09-3396md.pdf
Agency: OATH_TRIALS
Date: 10/27/10 12:00 AM
Hawthorne et al v. Jo Vin Hacking Corp. OATH Index No. 3396/09, mem. dec. (Oct. 21, 2009)* Evidence established that four claimant passengers in a taxicab whose license is owned by respondent, sustained personal injuries, the damages for which exceed the amount covered by respondent’s i...

File: 10064896C20160901LH.pdf
Agency: TLT
Date: 9/30/16 12:00 AM
1 Taxi & Limousine Commission v. Uladzimir Padalka SUMMONS 10064896C DECISION The appeal of Uladzimir Padalka (the “respondent”) is denied. The Hearing Officer’s decision is affirmed. BACKGROUND On August 15, 2016, the respondent appealed Hearing Offic...

File: 08-2564.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE - 23 - Fire Dep’t v. Maresca OATH Index No. 2564/08 (Nov. 19, 2008) Firefighter was arrested for possession of cocaine and tested positive for cocaine use. Evidence also established that respondent suffers from post-traumatic stress disorder (PTSD) and a permanent lung disability...

File: 13-2246.pdf
Agency: OATH_TRIALS
Date: 11/19/13 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: 10-561.pdf
Agency: OATH_TRIALS
Date: 11/30/09 12:00 AM
Dep’t of Sanitation v. Darragh OATH Index No. 561/10 (Nov. 17, 2009) Sanitation worker charged with placing garbage pail containing paint over civilian’s head and with being AWOL. ALJ found evidence sufficient to prove the charges and recommended that respondent be terminated. ______...

File: 43-OCB-29-(BCB-1989).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
The Union filed a verified answer after being informed by the Trial Examiner assigned1 to this case, that its answer would not be considered unless it was verified in accordance with the specifications of Section 7.7 of the OCB Rules. HHC v. CWA, 43 OCB 29 (BCB 1989) [Decision No. B-29-89 (Arb...

File: 03-1517.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Human Resources Admin. v. Beauford OATH Index No. 1517/03 (Dec. 5, 2003), aff'd, NYC Civ. Serv. Comm'n Item No. CD06-15-SA (Jan. 9, 2006) Respondent, a custodian, was AWOL on fifty-two occasions in a four-month period and also failed to appear as directed on three occasions for an investigator...

File: 03-1291.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Comm'n on Human Rights v. T. K. Management, Inc. OATH Index No. 1291/03 (Oct. 27, 2003), rev'd on law, dismissed as moot, Comm'n Dec. and Order (May 3, 2004), appended (subsequent history, on remand see OATH Index No. 721/05, aff'd sub nom T.K. Management v. Gatling, NYLJ, Nov. 2, 2005, at 19, col...

File: 05-986.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -2- SEQ CHAPTER \h \r 1Admin. for Children’s Services v. Goodman OATH Index Nos. 986/05 and 1082/05 (Aug. 12, 2005) Petitioner established that respondent committed multiple acts of misconduct, including excessive lateness and insubordination. Respondent’s evidence was insuff...

File: 05-986.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Admin. for Children’s Services v. Goodman OATH Index Nos. 986/05 and 1082/05 (Aug. 12, 2005) Petitioner established that respondent committed multiple acts of misconduct, including excessive lateness and insubordination. Respondent’s evidence was insufficient to show that she suffered...

File: 05-1797.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -2- SEQ CHAPTER \h \r 1Admin. for Children’s Services v. Solomon OATH Index No. 1797/05 (Sept. 27, 2005) Petitioner proved that respondent was absent without leave from November 22, 2004 to May 31, 2005. However, respondent established that she is recovering from drug addictio...

File: 05-1797.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Admin. for Children’s Services v. Solomon OATH Index No. 1797/05 (Sept. 27, 2005) Petitioner proved that respondent was absent without leave from November 22, 2004 to May 31, 2005. However, respondent established that she is recovering from drug addiction and her disability caused th...

File: 12-212.pdf
Agency: OATH_TRIALS
Date: 12/30/11 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: 2-OCB2d-5-(BCB-2009).pdf
Agency: OCB_BCB
Date: 4/29/09 12:00 AM
Prior to filing the verified petition form itself, Petitioner, on September 4, filed a 53 page1 single spaced document (“September 4 Filing”) and 65 exhibits (“Pet., Ex.”), which have been Nardiello, 2 OCB2d 5 (BCB 2009) (IP) (Docket No. BCB-2719-08). Summary of Decision: Petition...

File: 10-2596.pdf
Agency: OATH_TRIALS
Date: 2/14/11 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: 04-953.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Health and Hospitals Corp. (Jacobi Medical Center) v. Hudgins OATH Index No. 953/04 (Apr. 26, 2004) Adjournment to locate a homeless respondent suffering from a mental illness was denied based on two prior adjournments and the impossibility to determine when respondent would be located and re...

File: 10-430.pdf
Agency: OATH_TRIALS
Date: 7/30/13 12:00 AM
Dep’t of Finance v. Rodriguez OATH Index No. 430/10 (Mar. 5, 2010), aff’d, 102 A.D.3d 594 (1st Dep’t 2013) Petitioner proved that respondent engaged in unauthorized outside employment while on sick leave and falsely testified at a worker’s compensation hearing. Terminatio...

File: 17-2403.pdf
Agency: OATH_TRIALS
Date: 10/27/17 12:00 AM
Dep’t of Education v. Sunda OATH Index No. 2403/17 (Oct. 26, 2017) In a default proceeding, petitioner demonstrated that a customer information representative repeatedly neglected her duties and was insubordinate. Due to respondent’s persistent unwillingness to perform her a...

File: 47-OCB-58-(BCB-1991).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
he has been disabled since March of...entitled to a disability pension. Specifically, Petitioner...I have been disabled since the City...from payroll without disability. I'm entitled to disability pension. Petitioner requests...to "pay the hospital bill and pay pension disability." In documents attached...and Social Security, Disability to pay Doctors, Hospital and drugs prescriptions

File: 04-552.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Parks and Recreation v. Grant OATH Index No. 552/04 (Feb. 19, 2004), modified on penalty, Comm'r Dec. (Mar. 26, 2004), appended, app dism, NYC Civ. Serv. Comm'n Item No. CD05-70-D (Sept. 14, 2005) Clerical associate's failure to submit medical documentation until over four months aft...

File: 05-933.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Correction v. Angrum OATH Index Nos. 933/05, 934/05 (July 13, 2006) Respondent correction officer and captain charged with violations of use of force directive and with making false statements. ALJ credited respondents’ version of incident and found proof insufficient to estab...

File: 05-933.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
-47- Dep't of Correction v. Angrum OATH Index Nos. 933/05, 934/05 (July 13, 2006) Respondent correction officer and captain charged with violations of use of force directive and with making false statements. ALJ credited respondents’ version of incident and found proof insufficient to ...

File: 08-2770.pdf
Agency: OATH_TRIALS
Date: 6/2/09 12:00 AM
Dep’t of Correction v. Auguste OATH Index No. 2770/08 (Apr. 17, 2009) Respondent correction officer found to have been out of residence repeatedly without permission while on sick leave, failed to log in and out properly in accordance with attendance rules, failed to account to the ...

File: 98-646.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
1 The Commission’s Hearings Division was consolidated with the Office of Administrative Trials and Hearings on July 1, 19 97. Cassidy v. Dep't of Correction OATH Index No. 646/98 (Oct. 23, 1997) aff'd, Comm'n Dec. and Order (Jan. 28, 998), appended Summary: Complainants are four white ...

File: 7-OCB2d-1--BOC-2014-.pdf
Agency: OCB_BOC
Date: 2/21/14 12:00 AM
DC 37, 7 OCB2d 1 (BOC 2014) (Rep) (Docket Nos. RE-178-07, RU-1249-05, RU-1250-05, RU-1255-08, and AC-36-07). Summary of Decision: In light of amendments to the NYCCBL made by Local Law 56, the Board removed uniformed and similar-to-uniformed titles from bargaining units containing titles t...

File: LBO-4971-PO-0034-TA-0021-151-Kent-Avenue-BK.pdf
Agency: LOFT
Date: 5/1/20 12:00 AM
NEW YORK CITY LOFT BOARD In the Matter of the Application of SCOTT LEVELL, Y ANIV ZION SARIG, AND RYAN FIX ORDER ORDER Loft Board Order No. 4971 Docket No. PO-0034 TA-0221 RE: 151 Kent Avenue Brooklyn, New York IMD No. 30068 The New York City Loft Board (ULoft Board") a...

File: 04-1617.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Admin. for Children’s Services v. Williams OATH Index No. 1617/04 (June 3, 2004) Petitioner proved that respondent is unfit to perform the duties of her position due to disability. ______________________________________________________ NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARIN...

File: 04-2066.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Correction v. Angrum OATH Index Nos. 2066/04, 2067/04, 2252/04, 2253/04, 2255/04, 2256/04, 2257/04 (Feb. 7, 2005) Inmate statements found insufficient to sustain charges that four correction captains used improper force or made false statements. Proof also insufficient to establish t...

File: 06-0624.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep’t of Education v. Conyers OATH Index No. 624/06 (Oct. 25, 2006), rejected, Chancellor’s Decision (Mar. 1, 2007), appended Although respondent was chronically late for work, evidence established that she was entitled to the protections of the Family Medical Leave Act (FMLA) and t...

File: 06-0624.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE PAGE -2- SEQ CHAPTER \h \r 1Dep’t of Education v. Conyers OATH Index No. 624/06 (Oct. 25, 2006), rejected, Chancellor’s Decision (Mar. 1, 2007), appended Although respondent was chronically late for work, evidence established that she was entitled to the protections of the F...

File: 06-624.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep’t of Education v. Conyers OATH Index No. 624/06 (Oct. 25, 2006), rejected, Chancellor’s Decision (Mar. 1, 2007), appended, modified on penalty, NYC Civ. Serv. Comm’n Item No. CD07-100-M (Oct. 24, 2007), appended Although respondent was chronically late for work, evidence estab...

File: 06-624.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE PAGE -2- SEQ CHAPTER \h \r 1Dep’t of Education v. Conyers OATH Index No. 624/06 (Oct. 25, 2006), rejected , Chancellor’s Decision (Mar. 1, 2007), appended, modified on penalty , NYC Civ. Serv. Comm’n Item No. CD07-100-M (Oct. 24, 2007), appended Although respondent was c...

File: 14-1347.pdf
Agency: OATH_TRIALS
Date: 6/2/14 12:00 AM
Dep’t of Housing Preservation and Development v. Saliba OATH Index No. 1347/14 (May 19, 2014) Respondent was guilty of engaging in two verbal altercations that caused disruption in the workplace, on one occasion using profanity, and one instance of disrespect of a supervisor. ALJ recomm...

File: 17-532.pdf
Agency: OATH_TRIALS
Date: 6/3/20 12:00 AM
Matter of Tenants of 151 Kent Avenue, Brooklyn OATH Index Nos. 532/17, 533/17 (Nov. 22, 2017), adopted in part, modified in part, Loft Bd. Order No. 4971 (Apr. 23, 2020), appended [Loft Bd. Dkt. Nos. TA-0221, PO-0034] Three loft tenants of IMD sought protected occupancy and rent ...

File: 30-OCB-29--BOC-1982-.pdf
Agency: OCB_BOC
Date: 9/27/10 12:00 AM
PBA, et. Al v. City, et. Al,30 OCB 29 (BOC 1982) [29-82 (Cert.)] 29-82 transferr ed to A.D. P.B.A. v. Anderson, 17601 N.Y. Co. S.Ct., 12/27/82. 33 OFFICE OF COLLECTIVE BARGAINING BOARD OF CERTIFICATION -----------------------------------X In the Matter of the Petition of POLIC...

File: BACA_v_97STREETCORP.pdf
Agency: CHR
Date: 2/17/09 12:00 AM
THE CITY OF NEW YORK COMMISSION ON HUMAN RIGHTS - - - - - - - - - - - - - - - - - - - - X In the Matter of the Complaint of : : EDWARD LEE BACA, : : Complainant, : Complaint No. : AH-92-0280 - against - : : 119-121 EAST 97TH STREET CORP., : RECOMMENDED DOROTHEA ROSASCO and LOU...

File: 17-1653.pdf
Agency: OATH_TRIALS
Date: 9/22/17 12:00 AM
insufficient to show disability); Health and Hospitals Corp. (Kings County Hospital Center) v. Justin...

File: 11-2141.pdf
Agency: OATH_TRIALS
Date: 2/17/12 12:00 AM
Dep’t of Correction v. E. G. OATH Index No. 2141/11 (Dec. 13, 2011) Petitioner established that respondent has been absent in excess of one year due to a non work-related disability, she is currently unfit to perform the duties of a correction officer, and may therefore be terminated pu...

File: 07-147.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
-12- -13- SEQ CHAPTER \h \r 1 Admin. for Children’s Services v. Ogunka OATH Index No. 147/07 (Oct. 30, 2006) Evidence, consisting of three conflicting psychiatric opinions and a few employee complaints as to loud remarks and spitting, found insufficient to support finding that child pr...

File: 07-147.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Admin. for Children’s Services v. Ogunka OATH Index No. 147/07 (Oct. 30, 2006) Evidence, consisting of three conflicting psychiatric opinions and a few employee complaints as to loud remarks and spitting, found insufficient to support finding that child protective specialist supervisor...

File: 11-2141.pdf
Agency: OATH_TRIALS
Date: 10/22/12 12:00 AM
Dep’t of Correction v. E. G. OATH Index No. 2141/11 (Dec. 13, 2011), adopted, Comm’r Dec. (Mar. 5, 2012), aff’d, NYC Civ. Serv. Comm’n Item No. CD 12-45-SA (Sept. 27, 2012) Petitioner established that respondent has been absent in excess of one year due to a non work-related disa...

File: 3-OCB2d-28--BCB-2010-.pdf
Agency: OCB_BCB
Date: 7/8/10 12:00 AM
Kaplin, 3 OCB2d 28 (BCB 2010) (IP) (Docket No. BCB-2777-09) Summary of Decision: Petitioner, a probationary Staff Nurse, claimed that the Union breached its duty of fair representation toward her in the handling of a disciplinary matter arising from an error in the administration of medicati...

File: CZECHOWICZ_V_HAMILTON.pdf
Agency: CHR
Date: 2/17/09 12:00 AM
THE CITY OF NEW YORK COMMISSION ON HUMAN RIGHTS - - - - - - - - - - - - - - - - - - - - x On the Complaint of : : CAROL CZECHOWICZ, : : Complainant, : Complaint No. : 08176354-EP - against - : RECOMMENDED DECISION : AND ORDER RICHARD...

File: Manning v. HEALTHFIRST, LLC & JOSEPH CHASSE.DOC
Agency: CHR
Date: 2/17/09 12:00 AM
Manning v. HEALTHFIRST, LLC & JOSEPH CHASSE CITY OF NEW YORK COMMISSION ON HUMAN RIGHTS --------------------------------------------------------x In the Matter of Complaint # 02-1013182 KISHANA MANNING, OATH Index # Petitioner, 462/05 -against- HEALTHF...

File: 03-1385.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
1 The transc ript of the seco nd day's hearin g is herein desig nated as T r. II. Triborough Bridge and Tunnel Auth. v. Andreola OATH Index No. 1385/03 (June 7, 2004), modified on penalty, President Dec. (July 9, 2004), modified on penalty, Civ. Serv. Comm'n Item No. CD05-64-M (Aug. 18, 2...

File: 06-361.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -10- SEQ CHAPTER \h \r 1Dep't of Probation v. Kornheiser OATH Index No. 361/06 (Oct. 13, 2005), aff’d in part, rev’d in part , Comm’r Dec. (Oct. 17, 2005), appended Petitioner failed to prove that respondent, who has been treated for a number of physical infirmities, is prese...

File: 06-361.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Probation v. Kornheiser OATH Index No. 361/06 (Oct. 13, 2005), aff’d in part, rev’d in part, Comm’r Dec. (Oct. 17, 2005), appended Petitioner failed to prove that respondent, who has been treated for a number of physical infirmities, is presently unable to perform his dut...

File: 07-1392.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE 15 Admin. for Children’s Services v. Papa OATH Index No. 1392/07 (Mar. 30, 2007) Respondent was found mentally unfit to perform the duties of her job under section 72, based on testimony of psychiatrist who conducted mental status examination and evidence of her ongoing disruptive be...

File: 07-1392.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Admin. for Children’s Services v. Papa OATH Index No. 1392/07 (Mar. 30, 2007) Respondent was found mentally unfit to perform the duties of her job under section 72, based on testimony of psychiatrist who conducted mental status examination and evidence of her ongoing disruptive behavior...

File: 08-204.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -6- SEQ CHAPTER \h \r 1Fire Dep't v. Ceglia OATH Index No. 204/08 (Feb. 1, 2008) Petitioner failed to prove that respondent has a disability that prevents her from performing her duties as a supervising fire alarm dispatcher. ________________________________________________ N...

File: 08-204.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Fire Dep't v. Ceglia OATH Index No. 204/08 (Feb. 1, 2008) Petitioner failed to prove that respondent has a disability that prevents her from performing her duties as a supervising fire alarm dispatcher. ________________________________________________ NEW YORK CITY OFFICE OF ADM...

File: 09-2664.pdf
Agency: OATH_TRIALS
Date: 8/3/09 12:00 AM
Human Resources Admin. v. Kissee OATH Index No. 2664/09 (July 9, 2009) Clerical associate charged with multiple acts of insubordination and discourtesy. Judge recommended that all but one of the charges be sustained and that the employee be suspended for 35 days. ___________________...

File: 12-1159.pdf
Agency: OATH_TRIALS
Date: 9/28/12 12:00 AM
Dep’t of Sanitation v. Guarneri OATH Index No. 1159/12 (May 22, 2012), modified on penalty, Comm’r Dec. (Aug.15, 2012), appended ALJ found that respondent’s conviction in Federal Court of the misdemeanor crime of cocaine possession violated Mayoral Executive Order 16 because it wa...

File: 17-2524.pdf
Agency: OATH_TRIALS
Date: 2/15/18 12:00 AM
Dep’t. of Transportation v. M.S. OATH Index No. 2524/17 (Feb. 2, 2018) Respondent’s singing, an isolated outburst in a meeting, and an unsubstantiated complaint of unsafe operation of a city vehicle, were insufficient to find him unfit to perform the duties of his position und...

File: 45-OCB-60-(BCB-1990).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
Clemett v. HHC, Bellevue Hospital Center, 45 OCB 60 (BCB 1990) [Decision No. B-60-90 (ES)] OFFICE OF COLLECTIVE BARGAINING BOARD OF COLLECTIVE BARGAINING -----------------------------------X In the Matter of the Improper Practice Proceeding -between- LLOYD E. CLEMETT, DECISION NO. ...

File: 07-2282.pdf
Agency: OATH_TRIALS
Date: 12/17/12 12:00 AM
Dep’t of Sanitation v. Enger OATH Index No. 2282/07 (Jan. 14, 2008), adopted, Comm’r Dec. (Jan. 28, 2008), aff’d, NYC Civ. Serv. Comm’n Item No. CD 08-31-SA (May 30, 2008) Respondent is charged with being absent without leave for four months during a period of incarceration. Adm...

File: 07-593.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
-16- SEQ CHAPTER \h \r 1Dep’t of Transportation v. Ferstler OATH Index No. 593/07 (June 25, 2007) Petitioner demonstrated that respondent engaged in a verbal altercation and threatened a fellow employee, failed to appear for a medical examination, and acted belligerently towards the doct...

File: 07-593.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep’t of Transportation v. Ferstler OATH Index No. 593/07 (June 25, 2007) Petitioner demonstrated that respondent engaged in a verbal altercation and threatened a fellow employee, failed to appear for a medical examination, and acted belligerently towards the doctor when he later appear...

File: 07-2282.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep’t of Sanitation v. Enger OATH Index No. 2282/07 (Jan. 14, 2008), aff’d, NYC Civ. Serv. Comm’n Item No.CD08-31-SA (May 30, 2008) Respondent is charged with being absent without leave for four months during a period of incarceration. Administrative Law Judge finds that respond...

File: 07-2282.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE - 22 - Dep’t of Sanitation v. Enger OATH Index No. 2282/07 (Jan. 14, 2008), aff’d , NYC Civ. Serv. Comm’n Item No.CD08-31-SA (May 30, 2008) Respondent is charged with being absent without leave for four months during a period of incarceration. Administrative Law Judge finds...

File: 10-1613.pdf
Agency: OATH_TRIALS
Date: 4/8/10 12:00 AM
Human Resources Admin. v. Anonymous OATH Index No. 1613/10 (Mar. 15, 2010) Respondent found to be suffering from paranoia rendering her unable to perform her job. ALJ recommends that she be placed on post-hearing leave of absence pursuant to section 72 of the Civil Service Law. _____...

File: 61-OCB-48-(BCB-1998).pdf
Agency: OCB_BCB
Date: 8/19/09 12:00 AM
City & HRA v. L. 371, SSEU, 61 OCB 48 (BCB 1998) [Decision No. B-48-98 (Arb)] OFFICE OF COLLECTIVE BARGAINING BOARD OF COLLECTIVE BARGAINING ------------------------------------------------------------------------X In the Matter of the Arbitration : : -between- ...

File: 24-106.pdf
Agency: OATH_TRIALS
Date: 9/15/23 12:00 AM
Taxi & Limousine Comm’n v. Almonte OATH Index No. 106/24 (Aug. 16, 2023), adopted, Comm’r Dec. (Aug. 21, 2023), appended Petitioner suspended respondent’s TLC driver license based on his arrest for assault. At a post-suspension hearing, petitioner failed to establish that respondent’...

File: 18-1907.pdf
Agency: OATH_TRIALS
Date: 4/20/23 12:00 AM
Dep’t of Correction v. N. C. OATH Index No. 1907/18 (July 20, 2018), adopted, Comm’r Dec. (Sept. 11, 2018), appended, aff’d, NYC Civ. Serv. Comm'n Case No. 2018-0884 (Dec. 10, 2018), appended Petitioner established that respondent has been excessively absent due to sick leave and i...

File: 05-2026.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Sanitation v. Le-Mond OATH Index No. 2026/05 (Sept. 14, 2005), aff'd, NYC Civ. Serv. Comm'n Item No. CD06-21- SA (Feb. 10, 2006) Respondent pled guilty to six time and leave violations. A hearing was conducted to determine an appropriate penalty. Judge did not find that the circumstan...

File: 07-899.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Correction v. Swannick OATH Index No. 899/07 (Feb. 16, 2007), aff’d, NYC Civ. Serv. Comm’n Item No. CD07-87-SA (Aug. 14, 2007) Petitioner proved that respondent was excessively absent and violated sick leave rules. Termination of employment recommended. __________________...

File: 07-899.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -8- SEQ CHAPTER \h \r 1Dep't of Correction v. Swannick OATH Index No. 899/07 (Feb. 16, 2007), aff’d , NYC Civ. Serv. Comm’n Item No. CD07-87-SA (Aug. 14, 2007) Petitioner proved that respondent was excessively absent and violated sick leave rules. Termination of employment reco...

File: 08-400.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Correction v. Hall OATH Index No. 400/08 (Oct. 18, 2007), aff’d, NYC Civ. Serv. Comm’n Item No.CD08-33-SA (May 30, 2008) Charge that correction officer submitted two falsified medical notes in October 2005 sustained. Termination of employment recommended. ________________...

File: 08-400.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE - 14 - Dep't of Correction v. Hall OATH Index No. 400/08 (Oct. 18, 2007), aff’d , NYC Civ. Serv. Comm’n Item No.CD08-33-SA (May 30, 2008) Charge that correction officer submitted two falsified medical notes in October 2005 sustained. Termination of employment recommended. _____...

File: 14-1686.pdf
Agency: OATH_TRIALS
Date: 7/7/14 12:00 AM
Dept. of Environmental Protection v. Golden OATH Index No. 1686/14 (June 27, 2014) Respondent interfered with agency operations by opening an incubator and removing samples without authority, was insubordinate and neglected his duties by disobeying repeated orders to sign an ethics agreem...

File: 17-2417.pdf
Agency: OATH_TRIALS
Date: 8/8/18 12:00 AM
Dep’t of Correction v. Rolando OATH Index No. 2417/17 (Jan. 12, 2018), adopted, Comm’r Dec. (Feb. 27, 2018), aff’d, NYC Civ. Serv. Comm’n Case No. 2018-0221 (July 5, 2018), appended Correction officer charged with drinking alcohol while on duty, with failing to perform...

File: 2-OCB2d-13-(BOC-2009).pdf
Agency: OCB_BOC
Date: 4/29/09 12:00 AM
CWA, Local 1180, 2 OCB2d 13 (BOC 2009) (Rep) (Docket No. RU-1159-94). Summary of Decision: The Union filed a petition to amend Certification No. 41-73 to add the title Administrative Manager, Levels I and II. The City and NYCHA argued that the title was excluded from collective bargaining as ma...

File: 2-OCB2d-13-(BOC-2009).pdf
Agency: OCB_BOC
Date: 7/15/09 12:00 AM
CWA, Local 1180, 2 OCB2d 13 (BOC 2009) (Rep) (Docket No. RU-1159-94). Summary of Decision: The Union filed a petition to amend Certification No. 41-73 to add the title Administrative Manager, Levels I and II. The City and NYCHA argued that the title was excluded from collective bargaining as ma...

File: 06-882.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE - 24 - SEQ CHAPTER \h \r 1Dep't of Correction v. Malone OATH Index No. 882/06 (Jan. 11, 2007), aff’d sub nom Malone v. Horn , Sup Ct. N.Y. Co. Index No. 108250/07 (Kornreich, J.), appended Absent evidence representative had appeared for respondent before agency for same matter, AL...

File: 07-616.pdf
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
Dep't of Citywide Admin. Services v. Zellman OATH Index No. 616/07 (Nov. 24, 2006) Petitioner proved that respondent is physically and mentally unable to perform her duties as a secretary. ________________________________________________ NEW YORK CITY OFFICE OF ADMINISTRATIVE TRI...

File: 07-616.doc
Agency: OATH_TRIALS
Date: 2/17/09 12:00 AM
PAGE -4- SEQ CHAPTER \h \r 1Dep't of Citywide Admin. Services v. Zellman OATH Index No. 616/07 (Nov. 24, 2006) Petitioner proved that respondent is physically and mentally unable to perform her duties as a secretary. ________________________________________________ NEW YORK CITY O...

File: 18-578MD.pdf
Agency: OATH_TRIALS
Date: 4/20/18 12:00 AM
Dep’t of Consumer Affairs v. 809 Collision Inc. OATH Index No. 578/18 (Apr. 20, 2018) Respondent, a tow truck company, unlawfully towed vehicles, overcharged consumers, failed to accept payment by credit card, made false statements in impound reports, and failed to produce and m...

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