¶1*605Petitioner’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).]
89 A.D.3d 604
Inglese v. LiMandri
Appellate Division of the Supreme Court of the State of New York
Decided November 22, 2011
Appellate Division of the Supreme Court of the State of New York · decided 2011-11-22
Decided 2011-11-22