Matter of Martinez v New York City Dept. of Bldgs.
2014 NYSlipOp 07277 [121 AD3d 574]
October 23, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 3, 2014


[*1]
 In the Matter of Justin Martinez, Appellant,
v
New York City Department of Buildings, Respondent.

Casella & Casella, LLP, Staten Island (Ralph P. Casella of counsel), for appellant.

Zachary W. Carter, Corporation Counsel, New York (Ingrid R. Gustafson of counsel), for respondent.

Judgment, Supreme Court, New York County (Cynthia S. Kern, J.), entered April 2, 2013, denying the petition to annul respondent's determination, dated May 31, 2012, which denied petitioner's application for a master fire suppression piping contractor license, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Respondent's denial of petitioner's application for a master fire suppression piping contractor's license was not arbitrary and capricious (see Matter of Tsamos v Department of Citywide Admin. Servs., 107 AD3d 604 [1st Dept 2013]; Matter of Padmore v New York City Dept. of Bldgs., 106 AD3d 453 [1st Dept 2013]). The submissions accompanying the application established that petitioner had not had the requisite seven years of full-time work experience (see Administrative Code of City of NY § 28-410.4.1 [1]; 1 RCNY 104-01 [c]).

In light of the foregoing, we do not reach petitioner's remaining contention. Concur—Friedman, J.P., Sweeny, Acosta, Saxe and Manzanet-Daniels, JJ. [Prior Case History: 2013 NY Slip Op 30085(U).]