IN RE: Mirmohammad HASSAN (2025)

Order and judgment (one paper) of the Supreme Court, New York County (Richard Latin, J.), entered on or about March 4, 2024, which denied the petition to annul a determination of respondent New York City Civil Service Commission (CSC), dated May 13, 2022, affirming a determination of respondent New York City Police Department (N.Y.PD) terminating petitioner's employment following a disciplinary hearing in absentia, granted respondents’ cross-motion to dismiss the petition, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

Petitioner's constitutional arguments, which are his only arguments reviewable under the “extremely narrow scope of review applicable” to CSC determinations (Matter of Centeno v. City of New York, 115 A.D.3d 537, 538, 981 N.Y.S.2d 923 [1st Dept. 2014]), are unpreserved.  In his brief before the CSC, petitioner “never protested that [his] constitutional rights were being violated,” and “[t]his Court has ‘no discretionary authority’ to ‘reach[ ] an unpreserved issue in the interest of justice’ in an article 78 proceeding ․ including issues touching on due process” (Matter of Almanzar v. N.Y. City Civ. Serv. Commn., 166 A.D.3d 522, 524, 89 N.Y.S.3d 140 [1st Dept. 2018], quoting Matter of Khan v. New York State Dept. of Health, 96 N.Y.2d 879, 880, 730 N.Y.S.2d 783, 756 N.E.2d 71 [2001]).