Opinion
13330 Index No. 155810/19 Case No. 2020-03023
03-11-2021
Gerstman Schwartz LLP, Garden City ( Randy E. Kleinman of counsel), for petitioner. James E. Johnson, Corporation Counsel, New York ( Jonathan A. Popolow of counsel), for respondents.
Gerstman Schwartz LLP, Garden City ( Randy E. Kleinman of counsel), for petitioner.
James E. Johnson, Corporation Counsel, New York ( Jonathan A. Popolow of counsel), for respondents.
Webber, J.P., Kern, Scarpulla, Mendez, JJ.
Determination of respondent New York City Department of Buildings (DOB), dated February 11, 2019, which, after a hearing, found that petitioner had filed two worker's compensation certificates that had been falsely altered and failed to have required signage displayed at his place of business, and revoked his master plumber's license, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Melissa A. Crane, J.], entered February 7, 2020), dismissed, without costs.
The determination is supported by substantial evidence ( see generally 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 179–180, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). Contrary to petitioner's contention, there is ample evidence supporting the DOB's determination that he submitted the two falsified worker's compensation certificates. There exists no basis to disturb the Administrative Law Judge's credibility determinations ( see e.g. Matter of Riel v. State of N.Y. Off. of Children & Family Servs., 175 A.D.3d 1166, 1167, 109 N.Y.S.3d 233 [1st Dept. 2019] ).
Under the circumstances, the penalty imposed does not shock our sense of fairness, particularly in light of the pattern of intentional misconduct ( see Matter of Harvey v. New York City Dept. of Bldgs., 180 A.D.3d 434, 435, 118 N.Y.S.3d 592 [1st Dept. 2020] ).