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Matter of Franco Belli Plumbing & Heating & Sons, Inc. v. New York City School Constr. Auth.
Citations: 142 A.D.3d 1010; 37 N.Y.S.3d 453Docket: 2013-02286
Court: Appellate Division of the Supreme Court of the State of New York; September 14, 2016; New York; State Appellate Court
Original Court Document: View Document
In the case of **Franco Belli Plumbing, Heating, and Sons, Inc. v. New York City School Construction Authority**, the Appellate Division, Second Department, upheld the Supreme Court's decision to deny Franco Belli's petition for review of a determination made by the New York City School Construction Authority (NYCSCA). The determination, dated March 12, 2012, disqualified Franco Belli from bidding, contracting, and subcontracting on any future NYCSCA projects for five years. The court applied a standard of review under CPLR article 78, focusing on whether the NYCSCA's determination was made lawfully, contained legal errors, or was arbitrary and capricious. The court found that the NYCSCA's determination was rational and supported by sufficient evidence, rejecting the petitioner's claims of arbitrariness or legal error. Furthermore, the court ruled that the petitioner was not denied procedural due process during the administrative hearing, despite objections to certain evidentiary rulings made by the hearing panel. The judgment from the Supreme Court of Queens County, which dismissed the petition, was therefore affirmed, including the award of costs to the respondent. The decision highlights the importance of adhering to procedural standards and the deference courts give to administrative agencies in their determinations when supported by evidence.