Matter of Nobel v New York City Dept. of Bldgs., 2024 NY Slip Op 06659 [233 AD3d 614]

December 31, 2024

Appellate Division, First Department

[*1]

In the Matter of David Nobel, Petitioner,

v

New York City Department of Buildings, Respondent.

Miklosey & Thompson, LLP, New York (Steven Edward Miklosey of counsel), for petitioner.

Muriel Goode-Trufant, Corporation Counsel, New York (Karin Wolfe of counsel), for respondent.

Determination of respondent New York City Department of Buildings, dated April 8, 2022, which, after a hearing, revoked petitioner’s construction superintendent license, unanimously confirmed, the petition denied, and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by order, Supreme Court, New York County [Richard Latin, J.], entered Dec. 23, 2022) dismissed, without costs.

Substantial evidence in the record, including testimonial, documentary, and photographic evidence, supports the finding that petitioner offered a bribe to a Department of Buildings (DOB) inspector ( see generally Matter of Berenhaus v Ward , 70 NY2d 436, 443 [1987]). Specifically, the record includes the inspector’s contemporaneous complaint to DOB, his consistent testimony that petitioner attempted to give him cash to “take care of the . . . problem with the wiring,” and the photos the inspector took of the cash and petitioner’s ID. We find no basis for disturbing the Administrative Law Judge’s credibility determinations ( see Matter of Nelke v Department of Motor Vehs. of the State of N.Y. , 79 AD3d 433 , 434 [1st Dept 2010]). Concur—Renwick, P.J., González, Rodriguez, Higgitt, Rosado, JJ..