Complainants, Respondent.

Transcription

1 CITY OF NEW YORK DEPARTMENT OF CONSUMERS AFFAIRS SHAUNTEE BURNS -and- DEPARTMENT OF CONSUMERS AFFAIRS, -against- Complainants, GAUSIA S. JONES d/b/a ORBIN S BIG GREEN MACHINE, Respondent. DECISION AND ORDER Violation Nos.: CD DD LL License Nos.: (HIC) (HIS) Date: August 14, 2012 An inquest was held on August 9, 2012, on the issue of the breach of a Settlement Agreement ( Agreement ) previously entered into by and between the consumer and the respondent. Appearances: For the Complainants: Shauntee Burns, consumer; and Karen Spanos, Esq., attorney for consumer. Although duly notified of the time and place of the hearing, the respondent failed to appear. The charges against the respondent are set forth in the Notice of Hearing, which is attached to and incorporated into this Decision and Order. Findings of Fact On December 19, 2011, the consumer and the respondent entered into an Agreement, whereby the respondent agreed to pay the consumer a total sum of $7,200 in 18 monthly payments of $400 each to begin on February 1, 2012 and to conclude by July 1, The respondent only paid two installments of $400 after which the consumer notified the Administrative Law Judge of a breach of these terms. Thereafter, respondent made two additional installments of $400 in June, Therefore, the consumer has only received a total of $1,600 to date and respondent is in breach of the Agreement. 1 LL was withdrawn by the Department s Legal Division as of August 10, 2012.

2 Page 2 of 5 In paragraph #5 of the Agreement, the respondent consented to the entry of a Decision and Order, in the event he did not comply with the terms thereof, including payment to the Department of fines in the amount of $2,400 and payment of restitution to the Consumer in the amount of $20,000 (rather than the $7,200) less any payments made. ORDER On CD and DD Respondent, Gausia S. Jones d/b/a Orbin s Big Green Machine, is found guilty of the charges set forth in the Notice of Hearing and is hereby Ordered to pay to the Department a TOTAL FINE of $2,400. On CD The respondent is ORDERED to pay RESTITUTION to the consumer, Shauntee Burns, in the amount of $18,400 ($20,000 less the $1,600 in payments already made). In addition, the respondent s Home Improvement Contractor License# and Home Improvement Salesperson License # are REVOKED, EFFECTIVE IMMEDIATELY. The respondent is directed to surrender all license documents to the Licensing Division immediately. Continued operation with revoked licenses subjects the respondent to CRIMINAL PROSECUTION and/or civil penalties of $100 per day for each day of unlicensed activity, as well as the closing of the unlicensed business and/or the removal of items sold, offered for sale, or utilized in the operation of the unlicensed business, pursuant to the New York City Administrative Code and (the Padlock Law ). I also hereby DECLARE that respondent, Gausia S. Jones d/b/a Orbin s Big Green Machine, is deemed unfit to hold any license issued by the Department for a minimum of five years. This constitutes the recommendation of the Administrative Law Judge. Susan Kassapian Administrative Law Judge

3 Page 3 of 5 DECISION AND ORDER The recommendation of the Administrative Law Judge is approved. This constitutes the Decision and Order of the Department. James M. Plotkin Deputy Director of Adjudication cc: Shauntee Burns: sburns1223@gmail.com Karen Spanos: kspanos@dc37.net Gausia S. Jones: gausia723@aol.com Mail payment in the enclosed envelope addressed to: NYC Department of Consumer Affairs Collections Division 42 Broadway, 9 th Floor New York, NY 10004

4 Page 4 of 5 APPEALS RESPONDENT(S): You may file a MOTION TO VACATE this decision within 15 days from the date you knew or should have known of this decision. Your motion must include: 1) the reason you did not appear at the hearing; AND 2) a sworn statement outlining a meritorious defense to the charge(s) in the Notice of Hearing. You must include with your motion a check or money order for $25 payable to DCA; and a check or money order payable to DCA for the entire restitution amount you were ordered to pay in the decision. You may file your Motion to Vacate either by or regular mail, as follows: BY Send your motion to myappeal@dca.nyc.gov and, at the same time, mail the $25 appeal fee and the restitution to: DCA Administrative Tribunal, 66 John Street, 11 th Floor, New York, NY Make sure to write the violation number(s) on your check or money order. NOTE: The determination on your motion to vacate may be sent to you by if you choose to submit your motion to us by . BY REGULAR MAIL: Send your motion, along with the $25 fee and the restitution, to: Director of Adjudication, Department of Consumer Affairs, 66 John Street, 11 th Floor, New York, NY Make sure to include in your motion some indication or proof that you have sent copies of the motion TO THE CONSUMER at the consumer s address, AND to DCA S LEGAL DIVISION, 42 Broadway, 9 th Floor, New York, NY CONSUMER: You may file an APPEAL of this decision within 30 days from the date of the decision. You must include with your appeal a check or money order for $25 payable to DCA. You may file your Appeal either by or regular mail, as follows: BY Send your appeal to myappeal@dca.nyc.gov and, at the same time, mail the $25 appeal fee to: DCA Administrative Tribunal, 66 John Street, 11 th Floor, New York, NY Make sure to write the violation number(s) on your check or money order. NOTE: The determination on your motion to vacate may be sent to you by if you choose to submit your motion to us by . BY REGULAR MAIL: Send your appeal and the $25 appeal fee to: Director of Adjudication, Department of Consumer Affairs, 66 John Street, 11 th Floor, New York, NY Make sure to send a copy of your appeal to each of the respondents. IMPORTANT NOTICE TO BOTH PARTIES YOUR MOTION OR APPEAL MAY BE DENIED IF YOU DO NOT INCLUDE SOME INDICATION THAT YOU HAVE SENT A COPY OF IT TO EACH OF THE OPPOSING PARTIES LISTED IN THE NOTICE OF HEARING.

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