Article 78 for Master Electrician's License Denied
Solomon v. The Department of Buildings of the City of New York
This was an Article 78 Petition decided by the Appellate Division, First Department which sought:
An order directing respondent to either grant the petitioner’s master electrician license without any further hearing or that new rules be promulgated or barring the Master Electricians Licensing Board (MELB) from investigating the quality of petitioner’s supervision by a master electrician for the requisite statutory period of time. The petition was denied.
The Court found that MELB did not act in excess of its jurisdiction when it considered the sufficiency of the license applicant’s supervision by a licensed electrician. Citing Administrative Code 27-3009(c) the Court held that the MELB is empowered to “investigate the character and fitness…” and report such findings. Neither was MELB required to write rules of procedure in investigating applicants. The applicant did not have a right to the license similar to a present license holder who was facing revocation or suspension of his/her license.
Accordingly, the Court denied this Article 78 petition.
