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

Matter of Sheikh v New York City Taxi & Limousine Commn. 2013 NY Slip Op 07550 Decided on November 14, 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 November 14, 2013
Gonzalez, P.J., Friedman, Sweeny, Moskowitz, Clark, JJ.
11048 400197/12

[*1]In re Akhtar Ali Sheikh, Petitioner-Appellant,

v

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




Akhtar Ali Sheikh, appellant pro se.
Michael A. Cardozo, Corporation Counsel, New York (Jane L.
Gordon of counsel), for respondent.

Judgment, Supreme Court, New York County (Alexander W. Hunter, Jr., J.), entered June 18, 2012, denying the petition to annul the determination of respondent, dated December 29, 2011, which affirmed the decision of the Administrative Law Judge finding petitioner guilty of violating 35 RCNY 54-20(a)(1) (refusal to take passenger to destination) and 35 RCNY 54-15(l) (failure to be courteous to passenger) and assessed fines in the amount of $550 and two points against petitioner, and granting respondent's cross motion to dismiss the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner did not petition respondent's Chairperson within 30 days after his administrative appeal was denied (see 35 RCNY 68-16[a][1]). Accordingly, petitioner failed to exhaust his available administrative remedies, requiring the denial of the petition (see Matter of Uddin v New York City Taxi & Limousine Commn., 106 AD3d 557 [1st Dept 2013]).

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

ENTERED: NOVEMBER 14, 2013

CLERK