Opinion
2011-11-22
In re Louis INGLESE, Jr., Petitioner–Respondent,v.Robert D. LIMANDRI, as Commissioner of the New York City Department of Buildings, Respondent–Appellant.
Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for appellant.Murray Richman, Bronx (Brian Alexander Jacobs of counsel), for respondent.
Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered November 12, 2010, annulling respondent's determination, dated April 23, 2010, which revoked petitioner's hoist machine operator license, and remanding the matter for a new determination, unanimously reversed, on the law, without costs, the petition denied, respondent's determination reinstated, and the proceeding brought pursuant to CPLR article 78 dismissed.
Petitioner's conviction of a crime directly related to the use of the subject license demonstrates poor moral character that adversely reflects on his fitness to hold a licensed position in the construction industry (Administrative Code of City of N.Y. §§ 28–401.6; 28–401.19[13] ). The penalty imposed is not disproportionate to the offense ( see Matter of Pell v. Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 233, 356 N.Y.S.2d 833, 313 N.E.2d 321 [1974] ).
The Commissioner properly considered the factors set forth in Correction Law § 753.
MOSKOWITZ, J.P., RENWICK, DeGRASSE, ABDUS–SALAAM, JJ., concur.