Learn About the Law
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.
IN RE: Frank SCALERA, Petitioner–Respondent, v. The NEW YORK CITY DEPARTMENT OF BUILDINGS, Respondent–Appellant.
Judgment, Supreme Court, New York County (Paul Wooten, J.), entered July 19, 2012, granting the petition to annul respondent's determination, dated December 8, 2010, which denied petitioner's application for a master plumbers' license, and remanding the matter for reconsideration by respondent in a manner consistent with the court's decision, unanimously reversed, on the law and the facts, without costs, the petition denied, and the proceeding brought pursuant to CPLR article 78, dismissed.
Respondent's refusal to credit work experience noted by petitioner on his application for a master plumber's license where Social Security records showed that he received no wages from the employer, and where he failed to explain this discrepancy, was rational (see Matter of Krasniqi v. Department of Citywide Admin. Servs., 105 AD3d 590 [1st Dept 2013] ). Furthermore, respondent's consideration of the number and complexity of the work permits issued to supervising licensed master plumbers was rational and did not improperly impose an additional licensing requirement (see Matter of Padmore v. New York City Dept. of Bldgs., 106 A.D.3d 453, 965 N.Y.S.2d 862 [1st Dept 2013]; Matter of Licata v. Department of Citywide Admin. Servs., 105 A.D.3d 520, 961 N.Y.S.2d 923 [1st Dept 2013] ). It was incumbent upon petitioner to show that he satisfied the work requirements for the master plumber's license, and he failed to detail the work he claimed to have performed for which no permits were issued.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: February 11, 2014
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
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.
Search our directory by legal issue
Enter information in one or both fields (Required)