Matter of Novello v. New York State Educ. Dept. Off. of Architectural Licensing

Summary

The Appellate Division, Third Department, confirmed the Committee on the Professions' determination denying John Novello's application for an architectural license based on his lack of good moral character following two grand larceny convictions. The court held that the Committee properly applied the statutory factors and that its determination was supported by substantial evidence.

Holdings

1. A licensing agency may deny a license application based on prior criminal convictions or a finding of lack of good moral character based on those convictions when there is a direct relationship between the offenses and the specific license sought or issuance would pose an unreasonable risk to the safety or welfare of specific individuals or the general public.
2. The Committee on the Professions' determination that Novello lacked good moral character was supported by substantial evidence and therefore would not be disturbed.

Questions Presented

1. Whether the Committee on the Professions properly denied Novello's architectural-license application based on his criminal convictions and lack of good moral character.
2. Whether the Committee on the Professions' determination was supported by substantial evidence after consideration of the factors required by Correction Law § 753.

Disposition

dismissed