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IN RE: Michael SAN FILIPPO, Petitioner, v. The NEW YORK CITY DEPARTMENT OF BUILDINGS, et al., 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 A.D.3d 381, 813 N.Y.S.2d 425 [2006]; Matter of Reingold v. Koch, 111 A.D.2d 688, 490 N.Y.S.2d 508 [1985], affd. 66 N.Y.2d 994, 499 N.Y.S.2d 395, 489 N.E.2d 1297 [1985] ).
Petitioner's remaining arguments are unpreserved for our review, as he failed to raise them at the hearing before the Electrical License Board.
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Decided: December 01, 2009
Court: Supreme Court, Appellate Division, First Department, New York.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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