ACE Inspection & Testing, Inc. v. New York City Department of Buildings

Appellate Division of the Supreme Court of New York

ACE Inspection & Testing, Inc. v. New York City Department of Buildings

118 A.D.3d 550, 987 N.Y.S.2d 154

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 17, 2014

StatusPublished

This text of 118 A.D.3d 550 (ACE Inspection & Testing, Inc. v. New York City Department of Buildings) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

ACE Inspection & Testing, Inc. v. New York City Department of Buildings, 118 A.D.3d 550, 987 N.Y.S.2d 154 (N.Y. Ct. App. 2014).

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Opinion

Judgment, Supreme Court, New York County (Geoffrey D. Wright, J.), entered February 26, 2013, denying the petition to annul the determination of respondent Department of Buildings, dated August 8, 2012, which denied petitioner’s application for a concrete testing license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The determination that petitioner lacked the requisite moral character for a concrete testing license (Administrative Code of City of NY § 28-401.6) was rationally based (see generally Matter of Peckham v Calogero, 12 NY3d 424, 430-431 [2009]). The record shows that petitioner failed to initially disclose that it employed the former owner of a corporation that had previously been denied a concrete testing license upon the same ground, and who had pleaded guilty to criminal violations for performing concrete testing without a license. Thus, respondent’s conclusion that the failure to disclose the information was intentional was not irrational, nor was its determination that this failure to disclose demonstrated poor character on petitioner’s part (see e.g. Testwell, Inc. v New York City Dept. of Bldgs., 80 AD3d 266, 277 [1st Dept 2010]).

Concur—Mazzarelli, J.E, Friedman, Saxe and Feinman, JJ.

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Judgment, Supreme Court, New York County (Geoffrey D. Wright, J.), entered February 26, 2013, denying the petition to annul the determination of respondent Department of Buildings, dated August 8, 2012, which denied petitioner’s application for a concrete testing license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

The determination that petitioner lacked the requisite moral character for a concrete testing license (Administrative Code of City of NY § 28-401.6) was rationally based (see generally Matter of Peckham v Calogero, 12 NY3d 424, 430-431 [2009]). The record shows that petitioner failed to initially disclose that it employed the former owner of a corporation that had previously been denied a concrete testing license upon the same ground, and who had pleaded guilty to criminal violations for performing concrete testing without a license. Thus, respondent’s conclusion that the failure to disclose the information was intentional was not irrational, nor was its determination that this failure to disclose demonstrated poor character on petitioner’s part (see e.g. Testwell, Inc. v New York City Dept. of Bldgs., 80 AD3d 266, 277 [1st Dept 2010]).

Concur—Mazzarelli, J.E, Friedman, Saxe and Feinman, JJ.

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Bluebook (online)

118 A.D.3d 550, 987 N.Y.S.2d 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ace-inspection-testing-inc-v-new-york-city-department-of-buildings-nyappdiv-2014.

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