Father arrested when trying to help his kids is reinstated.

In Taxi and Limousine Comm'n v. F.B., OATH Index No. 3086/23, the driver was arrested based on a complaint by his estranged wife. The charge was criminal obstruction of breathing, a misdemeanor. The wife alleged that she got into an argument with he husband when they met in front of their home (where the wife still lived). The wife told the police that he husband became frustrated with her and grabbed her neck and applied pressure. But the wife did not lose consciousness, admitted she was in no pain and sustained no injury.  Dan Ackman represented the driver.

F.B. testified fully about the incident. He denied choking his wife. But he also testified that he and his wife have had an acrimonious relationship since their separation, mostly related to issues concerning their two small children, one who has autism. He added that on the day in question, his wife was with their children in her apartment. She telephoned respondent in the morning, and he heard their older child “crying” and “screaming.” She said that she could not control the children and needed respondent's help and asked him to come to the house. He said that he would come and bring their son's tablet, which he loves to play with, as well as a toy stroller. That was the only reason he was even at their former home.

OATH Judge Lewis recommended reinstatement. While OATH is required to assume the arrest charges are "true," the judge noted that the driver denied assaulting or choking his wife. The charges also involved  off-duty misconduct, making any potential threat to the public less “direct. In addition, the  police report noted that there was no visible injury and no pain. Nor was there any indication  escalating violence or that the wife had previously filed domestic charges. Thus, "The undisputed evidence [was] that the driver had never been arrested before. That he was a good driver without any passenger complaints further suggests that this was an isolated incident in an otherwise law-abiding life.

New York Court of Appeals to Hear Auction Fraud Case

Posted by Daniel Ackman | Oct 13, 2021 | 0 Comments

On October 12, 2021, the New York Court of Appeals agreed to hear the appeal in Singh v. City of New York, one of two cases brought by Dan Ackman and Wolf Haldenstein et al. concerning the TLC auctions of medallions in 2013 and 2014. A lower appellate court had essentially dismissed the complaint...

OATH Rules For Driver Accused of Punching Friend's Arm

Posted by Daniel Ackman | Jul 22, 2021 | 0 Comments

OATH has issued another positive decision, rejecting the continued suspension of a a driver who was arrested based on a complaint by a longtime friend that he punched her in the arm. The OATH judge rule: "Even presuming the criminal charge is true, as required by petitioner's rules, there are sev...

Despite Charge by Passenger, a Driver is reinstated

Posted by Daniel Ackman | Jul 15, 2021 | 0 Comments

In Taxi & Limousine Comm'n v. Zagre, a driver was arrested after being accused of assault by a passenger and was then suspended by the TLC. This kind of scenario seems to be the worst for a driver. Still, OATH recommended reinstatement based on credible evidence showing that it was the driver who...

Baffert Back in Business after Due Process Decision

Posted by Daniel Ackman | Jul 14, 2021 | 0 Comments

A New York federal judge on Wednesday nullified the suspension of horse trainer Bob Baffert, finding that the New York Racing Association acted unconstitutionally by failing to let him adequately respond to claims made against him after Kentucky Derby winner Medina Spirit failed a postrace drug t...

Cosby In 80 words

Posted by Daniel Ackman | Jul 01, 2021 | 0 Comments

In 2005, the Montgomery County District Attorney Bruce Castor announced he would not criminally prosecute Cosby for the rape of Andrea Constand. As a result, Cosby was required to give deposition testimony in Costand's civil suit against him. Years later, a new DA decides to prosecute Cosby anywa...

Judge Robert Katzmann Dies at 68

Posted by Daniel Ackman | Jun 14, 2021 | 0 Comments

Judge Robert Katzmann, one of the leading lights of the Second Circuit, died this week after a long illness. Those interested in justice for taxi drivers, will know Judge Katzmann as on the panel that decided Nnebe v. Daus. His expansive writings are noted by Reason magazine and by The New York T...

Bargaining Rights for App-Based Workers

Posted by Daniel Ackman | May 24, 2021 | 0 Comments

An effort backed by the New York State AFL-CIO would create a new bargaining scheme for app-based workers without addressing the question of whether or not these workers are legally “employees.” Workers for apps like Uber, Lyft, and DoorDash are currently considered independent contractors; most...

  • 2 of 2