Judicial Hearing Officer Gerald Harris

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Defendant was charged with Administrative Code violations regarding the subject building, with a long history or unremedied violations—many hazardous to public safety. Corporate defendant United Lubavitcher Yeshivoth (ULY) owned the building, and defendant, Gorodetsky, served as chairman of the board. A prior court order, granting defendant's motion for substitution of ULY as defendant in his stead was vacated and his status as named defendant herein was restored. Yet, that same court order held defendant's cross-motion to dismiss in abeyance. The trial court returned all the cases to a court lacking jurisdiction to try the matters. The Judicial Hearing Officer (JHO) noted the threat to public safety presented by the alleged violations and already long delay, required “a swift determination of the cross-motion.” Hence, the JHO concluded Gorodetsky may be held criminally liable under the applicable statutes if he was a person in control of ULY, which was an issue of fact best resolved at trial. Also, he stated the governing statute was not unconstitutionally vague, rejecting defendant's claims to the contrary. The criminal informations were found legally sufficient, denial of dismissal of the informations and transfer for trial on an expedited basis was recommended.

Judicial Hearing Officer Gerald Harris