Matter of San Filippo v New York City Dept. of Bldgs.

Matter of San Filippo v New York City Dept. of Bldgs. 2009 NY Slip Op 08887 [68 AD3d 421] December 1, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

In the Matter of Michael San Filippo, Petitioner,
v
New York City Department of Buildings et al., Respondents.

—[*1] McMillan, Constabile, Maker & Perone, LLP, Larchmont (Stewart A. McMillan of counsel), for petitioner.

Michael A. Cardozo, Corporation Counsel, New York (Janet L. Zaleon of counsel), for respondents.

Determination of respondents, dated August 31, 2007, which, after a hearing, nullified petitioner's master electrician's license, unanimously confirmed, the petition denied, and this proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of Supreme Court, New York County [Paul G. Feinman, J.], entered on or about May 14, 2008), dismissed, without costs.

The administrative determination had a rational basis, since petitioner failed to demonstrate that all the work he performed in the trade was supervised by a licensed master or special electrician (see Matter of Auringer v Department of Citywide Admin. Servs. of City of N.Y., 28 AD3d 381 [2006]; Matter of Reingold v Koch, 111 AD2d 688 [1985], affd 66 NY2d 994 [1985]).

Petitioner's remaining arguments are unpreserved for our review, as he failed to raise them at the hearing before the Electrical License Board. Concur—Mazzarelli, J.P., Sweeny, Catterson, Freedman and Roman, JJ.