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In re Filippo

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 2009
68 A.D.3d 421 (N.Y. App. Div. 2009)

Opinion

No. 1618.

December 1, 2009.

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.

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 respondent.

Before: Mazzarelli, J.P., Sweeny, Catterson, Freedman and Roman, JJ.


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; Matter of Reingold v Koch, 111 AD2d 688, affd 66 NY2d 994).

Petitioner's remaining arguments are unpreserved for our review, as he failed to raise them at the hearing before the Electrical License Board.


Summaries of

In re Filippo

Appellate Division of the Supreme Court of New York, First Department
Dec 1, 2009
68 A.D.3d 421 (N.Y. App. Div. 2009)
Case details for

In re Filippo

Case Details

Full title:In the Matter of MICHAEL SAN FILIPPO, Petitioner, v. NEW YORK CITY…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 1, 2009

Citations

68 A.D.3d 421 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 8887
889 N.Y.S.2d 576

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