Matter of Davies v. NYC Department of Buildings

NEW YORK COUNTY
Administrative Law

New York Law Journal

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Justice Paul Wooten

Davies sought to annul a decision by New York City's Department of Buildings denying his renewal application for his stationary engineer license. Davies twice pleaded guilty to offering a false instrument for filing, in 1998 and 2003. The city denied Davies' application for renewal, finding he did not meet Administrative Code requirements. It also denied his request for reconsideration. The court found rational the decision denying the renewal application, stating the city concluded Davies' convictions were related to "underlying acts arising out of his…professional dealings with the city or government entity" and showed "poor moral character." It also noted that despite positive indicators in his record, Davies failed to satisfy the good moral character requirement and did not present sufficient evidence of rehabilitation. The court noted a certificate of relief did not prevent a licensing body from relying on a conviction specified in it as the basis to exercise its power to refuse renewal of any license. It stated Davies had an opportunity to be heard, noting that despite the most recent conviction occurring in 2003, Davies' conduct stemmed directly from the position of trust and authority he was given by the city. Thus, the petition was denied.

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