Hyperlawhypertext legal database Martinez v. New York City Department of Buildings 121 A.D.3d 574

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Martinez v. New York City Department of Buildings

121 A.D.3d 574 Court N.Y. App. Div. Decision date 2014-10-23 English

Judges Concur — Friedman, J.E, Sweeny, Acosta, Saxe and Manzanet-Daniels, JJ.

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p. 574
In the Matter of Justin Martinez, Appellant, v New York City Department of Buildings, Respondent.
[993 NYS2d 909]

Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 2, 2013, denying the petition to annul respondent’s determination, dated May 31, 2012, which denied petitioner’s application for a master fire suppression piping contractor license, and dismissing the proceeding brought pursuant to CFLR article 78, unanimously affirmed, without costs.

Respondent’s denial of petitioner’s application for a master fire suppression piping contractor’s license was not arbitrary and capricious (see Matter of Tsamos v Department of Citywide Admin. Servs., 107 AD3d 604 [1st Dept 2013]; Matter of Padmore v New York City Dept. of Bldgs., 106 AD3d 453 [1st Dept 2013]). The submissions accompanying the application established that petitioner had not had the requisite seven years of full-time work experience (see Administrative Code of City of NY § 28-410.4.1 [1]; 1 RCNY 104-01 [c]).

In light of the foregoing, we do not reach petitioner’s remaining contention.

Concur — Friedman, J.E, Sweeny, Acosta, Saxe

p. 575
and Manzanet-Daniels, JJ.

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