Matter of Inglese v LiMandri, 2011 NY Slip Op 08484 [89 AD3d 604]

November 22, 2011

Appellate Division, First Department

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Michael A. Cardozo, Corporation Counsel, New York (Susan Paulson of counsel), for appellant.

Murray Richman, Bronx (Brian Alexander Jacobs of counsel), for respondent.

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered November 12, 2010, annulling respondent’s determination, dated April 23, 2010, which revoked petitioner’s hoist machine operator license, and remanding the matter for a new determination, unanimously reversed, on the law, without costs, the petition denied, respondent’s determination reinstated, and the proceeding brought pursuant to CPLR article 78 dismissed.

Petitioner’s conviction of a crime directly related to the use of the subject license demonstrates poor moral character that adversely reflects on his fitness to hold a licensed position in the construction industry (Administrative Code of City of NY §§ 28-401.6, 28-401.19 [13]). The penalty imposed is not disproportionate to the offense ( see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County , 34 NY2d 222, 233 [1974]). The Commissioner properly considered the factors set forth in Correction Law § 753. Concur—Moskowitz, J.P., Renwick, DeGrasse and Abdus-Salaam, JJ. [Prior Case History: 29 Misc 3d 1234(A), 2010 NY Slip Op 52136(U).].