DECLINATION UPHELD DUE TO CONTRACTOR'S "LONG-TERM PATTERN OF INTENTIONAL MISCONDUCT”
After the New York City Department of Buildings (D.O.B) declined to renew his “master plumber and master fire suppression piping contractor licenses,” C.T. filed a special proceeding – pursuant to CPLR Article 78 – with the New York County Supreme Court, to have the administrative determination annulled. And when that request was denied, C.T. appealed.
On its review, the Appellate Division, First Department, noted that C.T. was required to show that the agency’s actions were “arbitrary and capricious,” or somehow violative of law. But in this instance, C.T. was unable to satisfy that standard because the record reinforced that C.T. had “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.”
The AD1 was also of the view C.T. wasn’t entitled to a “hearing,” because he lacked a “property interest” in the renewal of his licenses. In any event, since he was afforded notice and an opportunity to be “heard,” via written submissions to the D.O.B., the AD1 thought that was sufficient under the circumstances.
Because the end result did not “shock the conscience,” and was not “disproportionate to the offense,” (given the submission of “falsified documents,” and “a long-term pattern of intentional misconduct”), the AD1 left the outcome undisturbed.
Do you think this plumber has a backup plan?
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DECISION