Friday, January 06, 2012

Concerning Practice and Procedure before the NYC Office of Administrative Trials and Hearings

Concerning Practice and Procedure before the NYC Office of Administrative Trials and Hearings
Health and Hospitals Corp. v Chime, OATH Index #2969/09


OATH Administrative Law Judge Tynia D. Richard denied a request made by a former City hospital employee to reopen her disciplinary case and vacate a stipulation of settlement that she entered into in 2009

The settlement, the terms of which were confirmed on the record by the individual, included her agreement to resign from her position.

Although represented by counsel at the time of settlement, the employee claimed she was coerced into the agreement.

ALJ Richard found that the stipulation concluded the matter and that OATH no longer had jurisdiction. Moreover, Judge Richard said that OATH must receive a designation from appointing authority to hear the matter, and the hospital did not consent to reopen the case.

As OATH is not a “court” under state law with general jurisdiction to hear matters brought by individuals, the Law Judge noted that “A challenge to the validity of an executed stipulation is a contract claim more appropriately asserted in state court.”



Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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