MATTER OF MILLER v. N.Y. CITY OFFICE OF ADMINISTRATIVE TRIALS & HEARINGS

101352/17.

182 A.D.3d 460 (2020)

120 N.Y.S.3d 625

2020 NY Slip Op 02250

In the Matter of Wayne Miller, Appellant, v. New York City Office of Administrative Trials and Hearings et al., Respondents.

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

Decided April 9, 2020.


Petitioner was found to have operated a tower crane without proper certification, and fined $1,600. At the time of his violation in 2016, as a Class A hoisting machine operator (HMO) licensee, petitioner was required, when asked, to submit proof of "one or more valid certification(s) issued by an organization accredited to offer crane operator certification," showing the type of crane or cranes which he was authorized to operate (1 RCNY 104-09[b][2]). As a Class A HMO licensee...

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