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In the Matter of EMANUEL TROISE, JR., Appellant, v. CHARLES M. SMITH, JR., as Commissioner of the Department of Buildings of the City of New York, Respondent.

Ordered that the judgment is affirmed, with costs.

In accord with a prior decision and order of this Court (see, Matter of Troise v. Smith, 141 A.D.2d 826), the respondent Commissioner issued a determination explaining why he departed from prior precedent in concluding that the petitioner's ownership of a plumbing trade school was in conflict with the proper discharge of his official duties as a New York City plumbing inspector (see, Matter of Field Delivery Serv. [Roberts], 66 N.Y.2d 516, 517; New York City Charter § 2604 [c] [1]). Specifically, the Commissioner, in his decision, accurately observed that the only prior case involving similar factual circumstances arose almost 10 years earlier, under a different Commissioner, who apparently failed to take any action against a plumbing inspector who also owned a plumbing trade school. The Commissioner further explained that his current policy was one of strict adherence to relevant ethical standards and that a single matter, occurring years earlier under another Commissioner, could not be considered binding upon him.

We agree that, under the circumstances presented here, the Commissioner has provided a reasonable explanation supporting his decision to enforce the conflict of interest rules with respect to the petitioner's ownership of a trade school. Thompson, J.P., Santucci, Krausman and Florio, JJ., concur.

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MATTER OF TROISE v. SMITH
(Mar 21, 1994)