Krasniqi v. Department of Citywide Administrative Services

Appellate Division of the Supreme Court of New York

Krasniqi v. Department of Citywide Administrative Services

105 A.D.3d 590, 963 N.Y.S.2d 246

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

DecidedApril 18, 2013

StatusPublished

This text of 105 A.D.3d 590 (Krasniqi v. 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

Krasniqi v. Department of Citywide Administrative Services, 105 A.D.3d 590, 963 N.Y.S.2d 246 (N.Y. Ct. App. 2013).

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Opinion

Judgment, Supreme Court, New York County (Barbara Jaffe, J), entered May 22, 2012, denying the petition to annul a determination of respondent Department of Buildings (DOB), which denied petitioner’s application for a master plumber’s license, [591]*591and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

DOB’s determination that petitioner failed to supply satisfactory proof of at least seven years of experience “in the design and installation of plumbing systems” within the previous 10 years had a rational basis (Administrative Code of City of NY § 28-408.3.1 [1]; see Matter of Rasole v Department of Citywide Admin. Servs., 83 AD3d 509 [1st Dept 2011]). DOB heard, and declined to credit, petitioner’s assertion that he worked full-time as a plumber while attending college full-time, and this credibility determination is entitled to deference (see Matter of Berenhaus v Ward, 70 NY2d 436, 443 [1987]). DOB’s determination is further supported by the limited earnings revealed by petitioner’s tax records and his inability to provide details about the nature of his work during the relevant time period (see Matter of Blatt v New York City Dept. of City wide Admin. Servs., 12 AD3d 164 [1st Dept 2004]).

Concur—Andrias, J.E, Acosta, Freedman, Richter and Gische, JJ.

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Judgment, Supreme Court, New York County (Barbara Jaffe, J), entered May 22, 2012, denying the petition to annul a determination of respondent Department of Buildings (DOB), which denied petitioner’s application for a master plumber’s license, [591]*591and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

DOB’s determination that petitioner failed to supply satisfactory proof of at least seven years of experience “in the design and installation of plumbing systems” within the previous 10 years had a rational basis (Administrative Code of City of NY § 28-408.3.1 [1]; see Matter of Rasole v Department of Citywide Admin. Servs., 83 AD3d 509 [1st Dept 2011]). DOB heard, and declined to credit, petitioner’s assertion that he worked full-time as a plumber while attending college full-time, and this credibility determination is entitled to deference (see Matter of Berenhaus v Ward, 70 NY2d 436, 443 [1987]). DOB’s determination is further supported by the limited earnings revealed by petitioner’s tax records and his inability to provide details about the nature of his work during the relevant time period (see Matter of Blatt v New York City Dept. of City wide Admin. Servs., 12 AD3d 164 [1st Dept 2004]).

Concur—Andrias, J.E, Acosta, Freedman, Richter and Gische, JJ.

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Bluebook (online)

105 A.D.3d 590, 963 N.Y.S.2d 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krasniqi-v-department-of-citywide-administrative-services-nyappdiv-2013.

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