Matter of Uddin v New York City Taxi & Limousine Commn.

Matter of Uddin v New York City Taxi & Limousine Commn. 2013 NY Slip Op 03587 Decided on May 21, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 21, 2013
Mazzarelli, J.P., Sweeny, Freedman, Gische, JJ.
10114 102739/12

[*1]In re Misba Uddin, Petitioner-Appellant,

v

New York City Taxi and Limousine Commission, Respondent-Respondent.




Misba Uddin, appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York (Drake A.
Colley of counsel), for respondent.

Judgment, Supreme Court, New York County (Joan B. Lobis, J.), entered September 7, 2012, denying the petition seeking to annul the determination of respondent, dated April 30, 2012, which affirmed the revocation of petitioner's Taxicab Driver's License, and dismissing the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner failed to administratively appeal two of the six adverse determinations by administrative law judges, including the one that resulted in the revocation of his license. Accordingly, petitioner failed to exhaust his available
administrative remedies, warranting denial of his petition (see Watergate II Apts. v Buffalo Sewer Auth., 46 NY2d 52, 57 [1978]; Matter of Contest Promotions-NY LLC v New York City Dept. of Bldgs., 93 AD3d 436, 437 [1st Dept 2012]).

We have considered petitioner's remaining arguments and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: MAY 21, 2013

CLERK