Mascarella v. LiMandri

NEW YORK COUNTY
Administrative Law

New York Law Journal

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Justice Lucy Billings

Department of Buildings (DOB) Commissioner LiMandri sought to revoke Mascarella's hoisting machine operator license arguing poor moral character based on a prior conviction for extortion. After a hearing, a Administrative Law Judge recommended a one year suspension of the license, but LiMandri revoked it. The court found the record set forth grounds to vacate LiMandri's decision noting revocation may occur due to a prior conviction where the crime was directly related to the license or where continuing the license posed an unreasonable risk to safety. It found LiMandri's determination merely recited the factors the ALJ cited in reaching a decision supported respondent's determination, addressing only selected factors. The court found LiMandri failed to address the length of time since Mascarella's offense in 2001 or that DOB renewed the license in 2008 after Mascarella disclosed the conviction. It also disqualified LiMandri from adjudicating the claim finding he initiated the revocation proceedings and a DOB attorney prosecuted the charges on LiMandri's behalf, presenting an appearance of unfairness or impartiality requiring recusal. The court annulled LiMandri's decision, remanding the matter to DOB for a new determination by an impartial decision-maker.

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