Practice and Procedure
Pleading error excused where party was given notice.
Misidentification of the respondent in the petition as "Scullari Corporation Contractor" rather than "Scullari Construction" did not affect the timely notice of the proceeding otherwise provided by having mailed notice of the hearing and the Notice of Violation (NOV) to the address provided on the vehicle's liability insurance card. In a default proceeding, ALJ Tynia D. Richard ruled that petitioner established that respondent collected trade waste consisting of dirt and rocks, without a license. The recommended penalty is a $5,000 fine.
Business Integrity Comm'n v. Scullari Corporation Contractor , OATH Index No. 192/15 (Aug. 5, 2014).