Blatt v. New York City Department of Citywide Administrative Services

Appellate Division of the Supreme Court of New York

Blatt v. New York City Department of Citywide Administrative Services

12 A.D.3d 164, 783 N.Y.S.2d 469, 2004 N.Y. App. Div. LEXIS 13051

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

DecidedNovember 4, 2004

StatusPublished

Cited by2 cases

This text of 12 A.D.3d 164 (Blatt v. New York City Department of Citywide Administrative Services) 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

Blatt v. New York City Department of Citywide Administrative Services, 12 A.D.3d 164, 783 N.Y.S.2d 469, 2004 N.Y. App. Div. LEXIS 13051 (N.Y. Ct. App. 2004).

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Opinion

Judgment (denominated an order), Supreme Court, New York County (William A. Wetzel, J.), entered August 21, 2003, which denied petitioner’s application brought pursuant to CFLR article 78 seeking annulment of an administrative determination by the Department of Citywide Administrative Services (DCAS) to reject petitioner’s application for a master plumber’s license, unanimously affirmed, without costs.

The denial of petitioner’s application, in accordance with the New York City Administrative Code, was both rational and a reasonable exercise of the agency’s discretion. Contrary to his assertions, petitioner was not held to a “full-time” requirement with regard to his qualifying experience. Given the limited earnings revealed by his tax records and the lack of details about the nature of his work, DCAS reasonably inquired whether petitioner had worked full or part time, as a means of assessing his work experience. An agency’s interpretation of the statutes it administers, if not unreasonable or irrational, is entitled to judicial deference (Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451, 459 [1980]).

We have considered petitioner’s remaining contentions and find them unavailing. Concur—Tom, J.P., Saxe, Lerner, Marlow and Sweeny, JJ.

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Judgment (denominated an order), Supreme Court, New York County (William A. Wetzel, J.), entered August 21, 2003, which denied petitioner’s application brought pursuant to CFLR article 78 seeking annulment of an administrative determination by the Department of Citywide Administrative Services (DCAS) to reject petitioner’s application for a master plumber’s license, unanimously affirmed, without costs.

The denial of petitioner’s application, in accordance with the New York City Administrative Code, was both rational and a reasonable exercise of the agency’s discretion. Contrary to his assertions, petitioner was not held to a “full-time” requirement with regard to his qualifying experience. Given the limited earnings revealed by his tax records and the lack of details about the nature of his work, DCAS reasonably inquired whether petitioner had worked full or part time, as a means of assessing his work experience. An agency’s interpretation of the statutes it administers, if not unreasonable or irrational, is entitled to judicial deference (Kurcsics v Merchants Mut. Ins. Co., 49 NY2d 451, 459 [1980]).

We have considered petitioner’s remaining contentions and find them unavailing. Concur—Tom, J.P., Saxe, Lerner, Marlow and Sweeny, JJ.

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Bluebook (online)

12 A.D.3d 164, 783 N.Y.S.2d 469, 2004 N.Y. App. Div. LEXIS 13051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blatt-v-new-york-city-department-of-citywide-administrative-services-nyappdiv-2004.

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