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MATTER OF DELLAPORTE v. NEW YORK CITY DEPT. OF BLDGS.

9993, 111622/11.

106 A.D.3d 446 (2013)

965 N.Y.S.2d 44

2013 NY Slip Op 3281

In the Matter of CIRO DELLAPORTE, Appellant, v. NEW YORK CITY DEPARTMENT OF BUILDINGS et al., Respondents.

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

Decided May 7, 2013.

The determination to deny petitioner's renewal application for a stationary engineer license lacked a rational basis. Respondent arbitrarily concluded that petitioner's federal conviction for theft of funds bore a direct relationship to the duties and responsibilities attendant to a stationary engineer, the license for which he sought renewal after having his license renewed 15 consecutive times (see Correction Law §§ 750[3]; 752[2]). Petitioner committed...

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