Hammerl v. Mavis

This is an article 78 proceeding against the Commissioner of the Department of Public Works. Petitioner was denied a license as a master electrician. As the proceeding was based on an administrative hearing and questioned the interpretation of evidence, the matter should have been transferred to this court (CPLR 7804, subd. [g]), However, we can and do obviate that error by considering the matter on the record as if it had been transferred (Matter of D. H. K. Rest v. New York State Liq. Auth., 31 A D 2d 525). The petitioner passed the written examination and the field test. Respondent based…