11072. IN RE ELAINE D. WARD, pet, v. THE CITY OF NEW YORK res — Law Offices of Jarred Freeman, LLC, Flushing (Jarred Freeman of counsel), for pet — Michael A. Cardozo, Corporation Counsel, New York (Drake A. Colley of counsel), for res — In a proceeding brought pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, New York County [Donna M. Mills, J.], entered on or about March 1, 2012), seeking to annul a determination of respondent the New York City Department of Buildings (DOB), dated September 13, 2011, which, after a hearing, revoked petitioner’s master plumbing license upon a finding that she engaged in conduct that violated the New York City Building Code, the petition is unanimously granted in part, to the extent of annulling the penalty of license revocation, and remanding the matter to the agency for imposition of a lesser penalty, and the determination otherwise confirmed, without costs.
Substantial evidence supports respondent’s determination that petitioner violated §26-142 of the Administrative Code of the City of New York, a/k/a the 1968 Building Code, since renumbered as §28-408.1 of the Administrative Code of the City of New York, when she applied for a plumbing permit for work at a property, knowing that the owner had hired her to supervise his own worker, rather than one under her direct supervision or employ as required under the Code (see Matter of Purdy v. Kreisberg, 47 NY2d 354, 358 [1979]; CPLR 7803[4]). There is no merit to petitioner’s contention that DOB’s failure to establish exactly which portion of the work was performed by the owner’s worker as opposed to the superseding licensed master plumber, whose subsequent permit application indicated that he took full responsibility for the entire project, meant that DOB failed to establish that the worker impermissibly performed work under petitioner’s permit. Rather, the administrative law judge specifically relied upon petitioner’s admissions during her sworn interviews with DOB’s investigators that she took the job and obtained the permit knowing that the owner insisted on using his own worker, and that she supervised his work on the project until she was fired for telling the owner that the work was not up to code and would require corrective measures by her company’s employees.
