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In Re Peter Licata v. the Department of Citywide Administrative Services

New York Supreme and/or Appellate Courts Appellate Division, First Department


April 11, 2013

IN RE PETER LICATA,
PETITIONER-APPELLANT,
v.
THE DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, ET AL.,
RESPONDENTS-RESPONDENTS.

Matter of Licata v Department of Citywide Admin. Servs.

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.

Decided on April 11, 2013

Andrias, J.P., Moskowitz, Freedman, Manzanet-Daniels, Feinman, JJ.

Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered February 21, 2012, denying the petition seeking to annul the determination of respondent Department of Buildings (DOB), which denied petitioner's application for a master plumber's license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

DOB's determination that petitioner failed to supply satisfactory proof of at least seven years of experience "in the design and installation of plumbing systems" was rationally based (Administrative Code of City of NY former § 26-146[a][1]; see Matter of Rasole v Department of Citywide Admin. Servs., 83 AD3d 509 [1st Dept 2011]). DOB's policy of considering, among other things, plumbing permits in determining whether the applicant had the requisite experience was not "irrational or unreasonable" (Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451, 459 [1980]; see Rasole, 83 AD3d at 509). Moreover, petitioner's contention that he was arbitrarily denied the opportunity to appear before the agency to offer testimony is unavailing (see Matter of Daxor Corp. v State of N.Y. Dept. of Health, 90 NY2d 89, 97-98 [1997], cert denied 523 US 1074 [1998]).

We have considered and rejected petitioner's remaining arguments.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: APRIL 11, 2013

CLERK

20130411

© 1992-2013 VersusLaw Inc.



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