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

Index No. 151499/20. Appeal No. 15354. Case No. 2021-01662.

202 A.D.3d 600 (2022)

162 N.Y.S.3d 372

2022 NY Slip Op 01129

In the Matter of Todd Polakoff, Appellant, v. New York City Department of Buildings et al., Respondents.

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

Decided February 22, 2022.

Attorney(s) appearing for the Case

Klein Slowik, PLLC, New York ( Christopher M. Slowik of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Tahirih M. Sadrieh of counsel), for respondents.

Concur—Renwick, J.P., Kennedy, Scarpulla, Rodriguez, Higgitt, JJ.

The DOB's finding that petitioner did not prove "at least five years of practical experience in the hoisting and rigging business within the seven years prior to application" was not arbitrary and capricious (see Administrative Code of City of NY § 28-404.3.1[1]; 1 RCNY 104-01[g][1]; see also Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222

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