Matter of Pazian v. Dept. of Citywide Admin. Services

NEW YORK COUNTY
Administrative Law

, New York Law Journal

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Justice Doris Ling-Cohan

Pazian sought a reversal of respondents' determination denying his application for a Master Plumber's License. Department of Buildings (DOB) denied the application noting various periods of time were not to be counted toward the required practical experience as it was not considered work in the design and installation of plumbing or gas systems. DOB later denied Pazian's request for reconsideration stating experience previously credited could not now be credited as he failed to provide supporting documentation. Pazian argued denial of his application was arbitrary. The court agreed finding DOB's final determination was arbitrary and capricious as the applicable Administrative Code did not specifically require full-time employment, based on proof of verifiable compensation, yet the decision specifically mentioned that full-time employment at Scarponi & Sons could not be verified based on lack of verifiable compensation. It ruled DOB abused its discretion by adding an extraneous condition to Pazian's petition, not required by the Code. The court stated it was arbitrary for an agency to reach a different conclusion upon reconsideration when relying on the same documentation, granting Pazian's petition and remanding the matter to DOB for a new hearing and decision.

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