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MATTER OF BUDGET TIRE CTR., INC. v. JACKSON

235 A.D.2d 975 (1997)

653 N.Y.S.2d 872

In the Matter of Budget Tire Center, Inc., et al., Appellants, v. Richard Jackson, as Commissioner of The New York State Department of Motor Vehicles, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 30, 1997

Mercure, J.

We agree with Supreme Court that petitioners, having failed to raise the substantial evidence issue on administrative appeal to respondent, have waived their right to raise the issue in this CPLR article 78 proceeding (see, Matter of Valentine v Coughlin, 200 A.D.2d 838; Matter of Cushing-Gale v Kelly, 155 A.D.2d 996

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