NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 1, 2009
IN RE MICHAEL SAN FILIPPO, PETITIONER,
THE NEW YORK CITY DEPARTMENT OF BUILDINGS, ET AL., RESPONDENTS.
Determination of respondents, dated August 31, 2007, which, after a hearing, nullified petitioner's master electrician's license, unanimously confirmed, the petition denied, and this proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Paul G. Feinman, J.], entered on or about May 14, 2008), dismissed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Mazzarelli, J.P., Sweeny, Catterson, Freedman, Roman, JJ.
The administrative determination had a rational basis, since petitioner failed to demonstrate that all the work he performed in the trade was supervised by a licensed master or special electrician (see Matter of Auringer v Department of Citywide Admin. Servs. of City of N.Y., 28 AD3d 381 ; Matter of Reingold v Koch, 111 AD2d 688 , affd 66 NY2d 994 ).
Petitioner's remaining arguments are unpreserved for our review, as he failed to raise them at the hearing before the Electrical License Board.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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