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Matter of Sullivan v. Miele

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1996
226 A.D.2d 308 (N.Y. App. Div. 1996)

Summary

In Sullivan, there was uncontested evidence that there was supervision by a Master Electrician over the requisite period of seven and one-half years.

Summary of this case from In re Babino v. Dep. of Citywide Admin. Serv.

Opinion

April 30, 1996

Appeal from the Supreme Court, New York County (Fern Fisher-Brandveen, J.).


Inasmuch as petitioner, a licensed Master Electrician in Suffolk County since 1972 with 18 years experience as a journeyman electrician working for NBC, was certified as having met the written and practical qualifications of a Master Electrician, respondents' denial of his application on the ground that his experience was insufficient to satisfy the requirements of Electrical Code (Administrative Code of City of NY) §§ 27-3010 and 27-3017 was arbitrary and capricious. There was uncontested evidence from NBC's Chief Electrician that petitioner had been employed in the Electric Department at the NBC studios in Brooklyn as a journeyman electrician working with his own tools installing, repairing, maintaining and operating electrical systems for light, heat and power in buildings. There was also evidence that he had been supervised by a Master Electrician over the required 7 1/2 year period. That petitioner was not directly employed by the supervising Master Electrician who had an independent contractual relationship with NBC should not be determinative of petitioner's qualifications ( cf., Matter of Amabile v. Simins, 51 A.D.2d 930). Questionable also is the practice of having an official of a competing electrical union sitting in judgment over the granting of master licenses to members of rival unions.

Concur — Rosenberger, J.P., Ellerin, Rubin, Kupferman and Tom, JJ.


Summaries of

Matter of Sullivan v. Miele

Appellate Division of the Supreme Court of New York, First Department
Apr 30, 1996
226 A.D.2d 308 (N.Y. App. Div. 1996)

In Sullivan, there was uncontested evidence that there was supervision by a Master Electrician over the requisite period of seven and one-half years.

Summary of this case from In re Babino v. Dep. of Citywide Admin. Serv.

In Sullivan v Miele, 226 AD2d 308 (1st Dep't 1996), the Appellate Division went so far as to reverse and remand the matter to the agency with a direction to grant petitioner's application, finding that the agency had wrongfully denied petitioner's application for a Master Electrician license.

Summary of this case from CHILSON v. HEIN
Case details for

Matter of Sullivan v. Miele

Case Details

Full title:In the Matter of JOHN E. SULLIVAN, Appellant, v. JOEL A. MIELE, SR., as…

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

Date published: Apr 30, 1996

Citations

226 A.D.2d 308 (N.Y. App. Div. 1996)
642 N.Y.S.2d 219

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