Search for: "Office of the Disciplinary Administrator"
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2 Dec 2019, 10:11 am
New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge Joycelyn McGeachy-Kuls credited the Employee’s testimony that he was reassigned to another task that day over the supervisor’s testimony that Employee "did nothing for the rest of the day. [read post]
4 Jan 2011, 1:59 am
This limitation proved critical in the Appellate Division, First Department’s consideration of the Horgan case.New York City police officer John Horgan was found guilty of using discourteous and disrespectful remarks concerning race following an administrative disciplinary hearing. [read post]
24 Aug 2023, 6:00 am
The Appellate Division opined that contrary to the Employee's contention, the record before the hearing officer contained substantial evidence to sustain the findings of misconduct and, citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d at 1046, and, contrary to the Employee's assertion, noted that "hearsay statements ... were admissible" in a Civil Service Law §75 administrative disciplinary action. [read post]
24 Aug 2023, 6:00 am
The Appellate Division opined that contrary to the Employee's contention, the record before the hearing officer contained substantial evidence to sustain the findings of misconduct and, citing Matter of Haug v State Univ. of N.Y. at Potsdam, 32 NY3d at 1046, and, contrary to the Employee's assertion, noted that "hearsay statements ... were admissible" in a Civil Service Law §75 administrative disciplinary action. [read post]
30 May 2008, 12:38 am
Negotiated disciplinary proceduresFortune v Div. of State Police, App. [read post]
2 Sep 2011, 3:39 am
Pierino challenged the disciplinary determination by bring an Article 78 action alleging the decision by the hearing officer was not based on substantial evidence. [read post]
22 Jul 2010, 3:16 pm
Use of polygraph tests in an administrative disciplinary hearingOst v Town of Woodstock, Appellate Division, 251 A.D.2d 724, Motion for leave to appeal denied, 92 N.Y.2d 817One of the issues raised in the Ost case was the admission of testimony concerning a polygraph [lie-detector] test during a Section 75 disciplinary hearing.Shawn Ost, a Town of Woodstock police officer, was terminated from his position for allegedly using his police vehicle to “give a… [read post]
24 Apr 2012, 3:26 am
The employee’s refusal to participate in a disciplinary hearing does not mean that the employee was denied administrative due process The Appellate Division rejected the employee's arguments seeking to vacate or modify a disciplinary action determination on grounds that included allegations that the hearing officer was biased and exceeded her authority in reaching a determination without affording the employee administrative due… [read post]
23 Oct 2017, 10:00 am
Administrative due process must be provided the accused employee in a disciplinary arbitration proceeding2017 NY Slip Op 03853, Appellate Division, First DepartmentPetitioner, a tenured educator, initiated a CPLR Article 75 action seeking a court order vacating an arbitration award in which Petitioner was found guilty of multiple disciplinary charges and was terminated.The Appellate Division sustained the arbitration award, noting that the following administrative… [read post]
11 Jun 2008, 12:07 am
Disciplinary rulings and penalty recommendations issued by New York City OATH administrative law judges[Click on case citation to read the full text of the ruling]Asking for a kiss found to be unprofessional conductDep't of Housing Preservation & Development v. [read post]
29 Oct 2019, 4:00 am
At the close of a §75 disciplinary hearing held before the New York City Office of Trials and Hearings, the employee, a correction officer, moved to prohibit publication of the OATH Administrative Law Judge's report of findings and recommendation with respect to the penalty to be imposed, citing to §50-a of the Civil Rights Law. [read post]
29 Oct 2019, 4:00 am
At the close of a §75 disciplinary hearing held before the New York City Office of Trials and Hearings, the employee, a correction officer, moved to prohibit publication of the OATH Administrative Law Judge's report of findings and recommendation with respect to the penalty to be imposed, citing to §50-a of the Civil Rights Law. [read post]
1 Aug 2017, 4:00 am
Redacting the name of a party in an administrative disciplinary action from the decisionOATH Index No. 724/17 A New York City correction officer was served administrative disciplinary charges alleging the officer used unauthorized force when disbursing a chemical agent for more than a two-second burst within six feet of an inmate who had ceased offering resistance. [read post]
12 Jan 2016, 4:00 am
Motions to have an administrative law judge recuse himself or herself from presiding at a disciplinary hearingNew York City Dept. of Environmental Protection v Giacia, OATH Index No. 211/16, [Memorandum Decision]In the course of an employee disciplinary proceeding, the New York City Department of Environmental Protection asked New York City Office of Administrative Tribunals and Hearing Administrative Law Judge John B. [read post]
21 Sep 2017, 4:00 am
The Office of Administrative Trials and Hearings Administrative Law Judge Ingrid M. [read post]
26 Oct 2016, 10:30 pm
Administrative Law Judge decisions posted on the Internet by the New York City Office of Administrative Trials and HearingsVideo tape introduced as evidence of employee’s use of unauthorized force New York City Admin. for Children’s Services v Patterson, OATH Index No. 904/16A juvenile counselor, Allen Patterson, employed by the New York City Administration for Children’s Services was served with five disciplinary charges setting out… [read post]
13 Jul 2012, 3:35 am
Appointing authority disqualified from acting on the recommendations submitted by a disciplinary hearing officer as a result of his personal involvement in the disciplinary process Prioleau v Nicoletti, 54 AD3d 768 Joseph Nicoletti, Jr., the Commissioner of the White Plains Department of Public Works, adopted the findings and recommendation of a disciplinary hearing officer finding Assistant Sanitation Superintendent Jerry Prioleau guilty of misconduct… [read post]
24 Jan 2011, 3:14 am
Found guilty following a disciplinary hearing held pursuant to Section 3020-a of the Education Law, the district terminated Elmore.Elmore appealed, contending that he had been unfairly denied his right to counsel when the Hearing Officer ruled that he could not discuss his testimony with his attorney during any adjournments in his cross-examination by the school district’s attorney. [read post]
13 Mar 2015, 11:56 am
This suggests to the Kat that such a Disciplinary Committee has never existed before so the procedure can be made up from scratch. [read post]
1 Jun 2012, 4:03 am
Richard Arthur, then serving as the office’s Director of Administration. [read post]
