IN RE: Tafazzul HASSAN

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Supreme Court, Appellate Division, Second Department, New York.

IN RE: Tafazzul HASSAN, et al., Petitioners, v. NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, Respondent.

Decided: October 29, 2001

GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, HOWARD MILLER, and NANCY E. SMITH, JJ. M. Daniel Bach, Long Island City, N.Y., for petitioner. Michael D. Hess, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and Fay Ng of counsel), for respondent.

Proceeding pursuant to CPLR article 78 to review two determinations of the respondent New York City Taxi and Limousine Commission, dated October 1, 1999, and November 18, 1999, respectively, which, after hearings, revoked the petitioners' hack licenses.

ADJUDGED that the determinations are confirmed and the proceeding is dismissed on the merits, with costs.

The petitioners' argument that the New York City Taxi and Limousine Commission utilized improper procedures was not preserved for review, and we decline to review the issue in the exercise of our interest of justice jurisdiction (see, Matter of Grof v. Goord, 278 A.D.2d 650, 718 N.Y.S.2d 234;  Matter of Garcia v. Goord, 270 A.D.2d 540, 703 N.Y.S.2d 924).   Further, the penalty of revoking the petitioners' licenses for testing positive for an illegal drug is not so disproportionate to the offense as to shock one's sense of fairness (see, Matter of Gordon v. Brown, 84 N.Y.2d 574, 620 N.Y.S.2d 749, 644 N.E.2d 1305;  Trotta v. Ward, 77 N.Y.2d 827, 566 N.Y.S.2d 199, 567 N.E.2d 241).

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