Crane in front of 461 Dean Street, Brooklyn. Image Credit: Google Maps

Crane operator operated a tower crane without proper license. On April 14, 2016, Wayne Miller, a hoisting machine operator, was working with J.F. Stearns Comp. LLC , a construction company, at 461 Dean Street in Brooklyn. The Department of Buildings served a summons Miller for operating a tower crane without the proper endorsement and without a proper renewal.

At the OATH hearing Wayne argued that he did not violate section the Building Code, stating that he was only required to have a Class A operating license.

The Administrative Law Judge allowed Buildings to amend the summons to clarify that Wayne was charged with not updating his license. The amendment did not add any additional violations, was within the scope of the original violation, did not refer to later occurrences, and had provided petitioner with adequate notice of the actual allegation.  The ALJ upheld the amended summons and fined Wayne $1,600.

Wayne filed a petition to annul the fine. The Appellate Division, First Department, agreed with the OATH decision that Wayne was in violation of both code sections, and upheld the $1,600 fine. The court ruled that Wayne was permitted to operate only the types of cranes that the Department of Buildings’ records indicated he was qualified or certified to operate.

Miller v. NYC OATH, 120 N.Y.S.3d 625 (1st Dep’t 2020).

By: Victoria Agosta (Victoria is a former CityLaw intern and a New York Law School student, Class of 2022.)