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In re Uddin

Supreme Court of New York, First Department

May 21, 2013

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.

Mazzarelli, J.P., Sweeny, Freedman, Gische, JJ.

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 N.Y.2d 52, 57 [1978]; Matter of Contest Promotions-NY LLC v New York City Dept. of Bldgs., 93 A.D.3d 436, 437 [1st Dept 2012]).

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


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