Opinion
2013-04-11
In re Peter LICATA, Petitioner–Appellant, v. The DEPARTMENT OF CITYWIDE ADMINISTRATIVE SERVICES, et al., Respondents–Respondents.
Law Offices of Gregory T. Chillino, New York (Christopher M. Slowik of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
Law Offices of Gregory T. Chillino, New York (Christopher M. Slowik of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Diana Lawless of counsel), for respondents.
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 N.Y. former § 26–146[a][1]; see Matter of Rasole v. Department of Citywide Admin. Servs., 83 A.D.3d 509, 923 N.Y.S.2d 427 [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 N.Y.2d 451, 459, 426 N.Y.S.2d 454, 403 N.E.2d 159 [1980];see Rasole, 83 A.D.3d at 509, 923 N.Y.S.2d 427). 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 N.Y.2d 89, 97–98 659 N.Y.S.2d 189, 681 N.E.2d 356 [1997],cert. denied523 U.S. 1074, 118 S.Ct. 1516, 140 L.Ed.2d 669 [1998] ).
We have considered and rejected petitioner's remaining arguments.