IN THE MATTER OF AURINGER v. DEPARTMENT OF BUILDINGS OF THE CITY OF NEW YORK


24 A.D.3d 162 (2005)

805 N.Y.S.2d 344

In the Matter of THOMAS AURINGER, Respondent, v. DEPARTMENT OF BUILDINGS OF THE CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

December 8, 2005.


Respondent Department of Citywide Administrative Services' (DCAS) interpretation of Administrative Code of City of NY § 26-169 (a) to require two years of full-time experience as a condition of issuing a hoisting machine operator's license, is not rationally based. The Administrative Code requires, in relevant part, two years of "appropriate experience," without distinction as between full- and part-time experience, and there appears no reason why part-time experience...

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