Auringer v. Department of Buildings

Judgment, Supreme Court, New York County (Karen Smith, J.), entered September 2, 2004, granting the petition brought *163pursuant to CPLR article 78 to vacate and annul respondents’ denial of petitioner’s application for a hoisting machine operator’s license, and directing the issuance of a license forthwith, unanimously reversed, on the law, without costs, and the petition denied and dismissed, without prejudice to petitioner’s resubmission of his application.

Respondent Department of Citywide Administrative Services’ (DCAS) interpretation of Administrative Code of City of NY § 26-169 (a) to…