Opinion
2013-05-9
In re Peter PADMORE, Petitioner–Appellant, v. The NEW YORK CITY DEPARTMENT OF BUILDINGS, Respondent–Respondent.
Casella & Casella LLP, Staten Island (Ralph P. Casella of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent.
Casella & Casella LLP, Staten Island (Ralph P. Casella of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), for respondent.
Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered April 11, 2012, which denied petitioner's CPLR article 78 petition challenging the New York City Department of Building's (DOB) determination, dated May 24, 2011, denying his application for a *863master plumber's license and dismissed the proceeding, unanimously affirmed, without costs.
Petitioner mischaracterizes the DOB's determination in contending that the DOB was improperly reading a nonexistent permit-submission requirement into former Administrative Code § 26–146(a)(1) ( cf. Matter of Kreitzer v. New York City Dept. of Bldgs., 24 A.D.3d 374, 806 N.Y.S.2d 532 [1st Dept. 2005],lv. denied6 N.Y.3d 715, 823 N.Y.S.2d 356, 856 N.E.2d 920 [2006] ). Rather, the determination indicates that work permits were but one type of documentary evidence that petitioner could submit to support his claim of qualified experience. The determination that petitioner has not submitted proof adequately showing that he had the requisite qualifying experience was rational and not arbitrary or capricious ( see Matter of Reingold v. Koch, 111 A.D.2d 688, 490 N.Y.S.2d 508 [1st Dept. 1985],affd.66 N.Y.2d 994, 499 N.Y.S.2d 395, 489 N.E.2d 1297 [1985] ).