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In re Application of Martinez

Sup Ct, New York County

April 1, 2013

In the Matter of the Application of JUSTIN MARTINEZ, Petitioner, For an Order Pursuant to Article 78 of the Civil Practice Law and Rules,
v.
THE NEW YORK CITY DEPARTMENT OF BUILDINGS, Respondent. Index No. 103814/12

Unpublished Opinion

DECISION/ORDER

CYNTHIA S. KERN, J.S.C.

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion for:

Papers Numbered Notice of Motion and Affidavits Annexed.................................... 1
Affirmation in Opposition........................................................... 2
Replying Affidavits...................................................................... 3
Exhibits...................................................................................... 4

Petitioner Justin Martinez brings the instant petition pursuant to Article 78 of the Civil Practice Law and Rules ("CPLR") seeking to challenge a determination made by the New York City Department of Buildings (the "DOB") denying his application for a Master Fire Suppression Piping Contractor ("MFSPC") License. For the reasons set forth below, the petition is denied.

The relevant facts are as follows. On or about March 23, 2010, petitioner submitted an application (the "Application") to the Department of Citywide Administrative Services (the "DCAS") to take the MFSPC License Examination in order to obtain an MFSPC License from the DOB. Petitioner listed his date of birth on the application as March 6, 1988, making him 22 years old at the time of the Application. In the section of the Application titled "Experience, " petitioner listed "Master Fire Prevention System, Inc." as his employer from 2002 to "present." Petitioner's Application listed his qualifying experience as "physical installation in house, technical training NAFED Course, Kiddie Factory Training, direct training done under Peter Martinez." In addition, petitioner stated on the Application that he was certified by the Kiddie School and worked with his father, Peter Martinez ("Mr. Martinez"), since the age often after school and on weekends.

On or about July 28, 2010, petitioner passed the written examination for the MFSPC License. Thereafter, the DOB commenced an investigation of petitioner's work experience to determine whether petitioner met the qualifications for the MFSPC License. By letter dated October 8, 2010, the DOB advised petitioner that prior to granting an MFSPC License, petitioner's Application had to be reviewed by the Master Plumber and Master Fire Suppression Piping Contractor License Board (the "Board"). In addition, the DOB informed petitioner that he must submit documentation, such as notarized affidavits signed and sealed by the Licensed MFSPC (the "LMFSPC") who supervised his work, proving that he met the qualifications for an MFSPC License.

By letter dated March 15, 2011, Mr. Martinez, an LMFSPC, informed the DOB that petitioner worked under his direct and continued supervision as an "installer helper" for the seven years prior to the date of his letter. Mr. Martinez further stated as follows:

Mr. Justin P. Martinez joined our corporation on February 8th 2002 as a full time employee. His daily duties entail the practical experience of installing, testing and the maintenance of the fire suppression system along with reading plans for each system under the Class a Master Fire Suppression Piping Contractor's License.
Mr. Justin P. Martinez has worked on a continuous basis since 2002. He has worked pro-bono on weekends helping me on many emergencies [sic] calls. He is currently supervised by me on [a] daily basis.

By letter dated January 25, 2012, the DOB responded to Mr. Martinez's March 15, 2011 letter and requested that he provide further information regarding the work petitioner performed under his supervision. The DOB also enclosed an "Experience Verification Form" (the "Form") to be completed and returned by Mr. Martinez within 30 days from the date of the letter. Mr. Martinez returned the Form to the DOB on or about April 4, 2012. In response to the question on page 3 of the Form regarding whether petitioner was employed on a full-time basis in the design and installation of plumbing and/or fire suppression systems, with full-time being defined as 35-40 hours per week, Mr. Martinez answered in the affirmative. However, despite indicating that petitioner worked on a full-time basis, Mr. Martinez identified several periods of part-time employment for petitioner on page 4 of the Form. Specifically, Mr. Martinez listed that petitioner worked under his supervision from 2002 ...


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