Matter of Serra v. NYC Dept. of Buildings

NEW YORK COUNTY
Administrative Law

New York Law Journal

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Justice Cynthia Kern

Serra sought to annul a New York City Department of Buildings (DOB) decision denying his application for a site safety manager's certificate. He stated he was qualified to receive the certificate as he had eight years practical experience in construction supervision within the last 10 years, and five years supervising the construction of major buildings. Serra took and passed the site safety manager exam, and submitted a background investigation questionnaire and required documents to DOB's Buildings Special Investigation Unit. An investigator informed Serra that the duties and responsibilities listed on his application may not qualify for a certificate. Serra submitted additional documentation, including letters from his prior and current supervisors of his duties. DOB denied the application for "insufficient practical experience" and also denied Serra's request for reconsideration, reaffirming it's prior denial. In this Article 78 petition, the court found DOB's denial was made on a rational basis as it rationally concluded Serra did not establish he had the requisite eight years of experience "directly supervising employees working in relevant construction trades," but related primarily to housekeeping and maintenance. Thus, it denied the petition.

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