September 04, 2019

Recent Decisions issued by Administrative Law Judges of the New York City Office of Administrative Trials and Hearings


Below are summaries of recent OATH Administrative Law Judge's decisions.  To ascertain whether the ALJs' recommendations were adopted by the appointing authority please call OATH's calendar unit at 1-844-628-4692.


Worker alleged to be under the influence of drugs while on duty
OATH Index No. 1530/19

A worker, who was found unconscious at work, was charged with possessing and being under the influence of drugs while on duty and being absent without leave. Administrative Law Judge Ingrid M. Addison sustained the charges that the employee was under the influence of drugs while on duty but dismissed the absence charge.

Termination of the worker’s employment was recommended by the appointing authority, but because the employee’s problems appeared to have started following a line of duty injury, Judge Addison suggested that the appointing authority consider placing the individual on a leave of absence to allow him to return when fully rehabilitated.

The appointing authority adopted Judge Addison's findings and recommendation.

The decision is posted on the Internet at:


Special officer alleged to have used excessive force against a client
OATH Index No. 2742/18

A special officer [SO] was charged with using excessive force against a client at a New York City job center. The charges filed against the officer alleged that he kicked the client hard in the face and pulled the client’s arm when the client was already held in a prone position on the floor by several other officers. SO denied the charges filed against him.

In the course of a four-day trial, the appointing authority offered seven witnesses and SO offered three. ALJ Noel R. Garcia credited the appointing authority’s witnesses, found that SO guilty of serious misconduct, and recommended termination of his employment. 

The decision is posted on the Internet at:


Employee charge with targeting a co-worker with inappropriate, aggressive and threatening language 
OATH Index No. 1863/19

An employee was charged with twice accosting a fellow employee and addressing  inappropriate, aggressive and threatening language to the co-worker.

During trial the appointing authority presented the testimony of four employees. Testifying on her own behalf, the charged employee denied having used any inappropriate or aggressive language.

ALJ Addison found the appointing authority’s witnesses credible and sustained the charges. Considering the charged employee’s long service with the agency,  Judge Addison recommended a penalty of 40 days’ suspension without pay, "with credit for time served."

The decision is posted on the Internet at:

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