Legal Opinion

Matter of Jakubiak v. New York City Dept. of Bldgs.

Appellate Division of the Supreme Court of the State of New York

Decided April 2, 2015No. 14713 100744/13Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Donna M. Mills, J.), entered November 13, 2013, granting the petition, brought pursuant to CPLR article 78, to annul respondent’s determination, dated April 30, 2013, which denied petitioner’s application to renew his general contractor’s registration, and remanding the matter for further proceedings, unanimously affirmed, without costs.

Respondent’s determination lacked a rational basis (see CPLR 7803 [3]; see also Matter of Peckham v Calogero, 12 NY3d 424, 430-431 [2009]). Respondent arbitrarily concluded that petitioner’s prior conviction for filing…

2Cases cited4 opinions

  1. Peckham v. CalogeroNew York Court of Appeals · 2009
  2. Bonacorsa v. Van LindtNew York Court of Appeals · 1988
  3. Dellaporte v. New York City Department of BuildingsNew York Court of Appeals · 2014
  4. Matter of La Casa Di Arturo Inc. v. New York City Dept. of Consumer AffairsAppellate Division of the Supreme Court of the State of New York · 2014

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