Tsamos v. N.Y.C. Dep't of Bldgs.

1 Citing case

  1. Tsamasiros v. The N.Y.C. Dep't of Buildings

    222 A.D.3d 543 (N.Y. App. Div. 2023)

    Supreme Court properly concluded that the DOB's determination not to renew petitioner's licenses was neither arbitrary and capricious nor irrational (see CPLR 7803[3]; Administrative Code of City of NY §§ 28-401.12, 28-401.19). The record adequately supports the DOB's determination that petitioner made false statements in documents submitted to a government agency and displayed poor moral character, adversely reflecting on his fitness to conduct the regulated work (see Administrative Code § 28-401.19[2], [13]; Matter of Tsamos v New York City Dept. of Bldgs., 192 A.D.3d 494, 494 [1st Dept 2021]; Testwell, Inc. v New York City Dept. of Bldgs., 80 A.D.3d 266, 277 [1st Dept 2010]). Nor was the DOB required to conduct an analysis under Correction Law §§ 752 and 753, as petitioner was not actually convicted of any crime (see Matter of Markman v New York State Dept. of Educ., 131 A.D.2d 908, 909 [3d Dept 1987]; see also Bonacorsa v Van Lindt, 71 N.Y.2d 605, 611 [1988]).