July 01, 2016

Recent decisions by Administrative Law Judges of the NYC Office of Administrative Trials and Hearings


Recent decisions by Administrative Law Judges of the NYC Office of Administrative Trials and Hearings
Human Resources Administration v Smart, OATH Index No. 1325/16
NYC Dept. of Transportation v Harris, OATH Index No. 1531/16 

Matter of Smart: In the Smart case, OATH Administrative Law Judge Kevin F. Casey found that a job opportunity specialist, Averyl Smart, guilty of charges of [1] speaking on her cell phone while a client was waiting, [2] refusing to set up her work voicemail, and [3] burning the edges of a disciplinary memorandum. Judge Casey, however, dismissed the allegation charging that Smith had made disrespectful comments to a supervisor.

Finding that was Smart guilty of three of the four charges alleged against her, the ALJ recommended that a 15-day suspension without pay be imposed as her penalty.

The decision is posted on the Internet at: 


Matter of Harris: The New York Department of Transportation alleged that Maurice Harris, a highway repairer, intentionally pushed and cursed his supervisor.

Administrative Law Judge Alessandra F. Zorgniotti found that Harris had intentionally pushed his supervisor but had been provoked by the supervisor but that the Department of Transportation had filed to prove that Harris had cursed him.

Considering Harris’ 18 years of service with the Department and his a minor disciplinary record – in 2006 he was given a written reprimand for failing to notify his work location that he was unable to report to work and in 2012 he was suspended for five days for using in appropriate language towards a supervisor -- ALJ Zorgniotti recommended a ten-day suspension without pay.

The decision is posted on the Internet at:
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