Opinion
5851 Index 102079/15
03-01-2018
In re Darryl SMITH, Petitioner–Appellant, v. NEW YORK CITY DEPARTMENT OF BUILDINGS, Respondent–Respondent.
Casella & Casella, LLP, Staten Island (Ralph P. Casella of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York (Melanie T. West of counsel), for respondent.
Casella & Casella, LLP, Staten Island (Ralph P. Casella of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York (Melanie T. West of counsel), for respondent.
Acosta, P.J., Friedman, Richter, Kapnick, JJ.
Judgment (denominated an order), Supreme Court, New York County (Barbara Jaffe, J.), entered July 13, 2016, denying the petition to annul a final determination of respondent, which denied petitioner's application for a master plumber's license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.
Respondent's determination that petitioner failed to supply satisfactory proof of at least seven years of total experience under the direct and continuing supervision of a licensed master plumber within the previous 10 years, with at least two years in plumbing design and installation while a registered journeyman plumber (see Administrative Code of City of N.Y. §§ 28–408.3.1 [4], 28–409.1), had a rational basis and was not arbitrary and capricious (see Matter of Krasniqi v. Department of Citywide Admin. Servs., 105 A.D.3d 590, 963 N.Y.S.2d 246 [1st Dept. 2013] ; Matter of Rasole v. Department of Citywide Admin. Servs., 83 A.D.3d 509, 923 N.Y.S.2d 427 [1st Dept. 2011] ). The record shows that petitioner only had four years of plumbing experience supervised by a licensed master plumber. Furthermore, petitioner admits that he did not obtain his journeyman's registration card until October 2012, and as Supreme Court held, this fact alone supports denial of his application. Petitioner's argument that the journeyman registration requirement itself is irrational is unpreserved, since petitioner did not raise it before the agency or in his article 78 petition (see Gregory v. Town of Cambria, 69 N.Y.2d 655, 656–657, 511 N.Y.S.2d 829, 503 N.E.2d 1366 [1986] ), and, in any event, is unavailing.