Majority
In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Department of Motor Vehicles Administrative Appeals Board dated December 31, 2013, which affirmed the denial of the petitioner’s application for a new driver license, the petitioner appeals from a judgment of the Supreme Court, Kings County (Vaughan, J.), dated February 26, 2015, which denied the petition and dismissed the proceeding.
Ordered that the judgment is affirmed, with costs.
Moreover, the DMV’s determination was not arbitrary, capricious, or an abuse of discretion (see Matter of Arrazola v State of N.Y. Dept. of Motor Vehs., Appeals Bd., 129 AD3d 1444 [2015]).
The petitioner’s remaining contentions are not properly before us, as many of them were raised for the first time in the petition and had not previously been brought to the attention of the DMV (see Matter of Solutions Economics, LLC v Long Is. Power Auth., 97 AD3d 593 , 595 [2012]; Matter of Pabon v Phillips, 16 AD3d 589 , 590 [2005]), while the rest are improperly raised for the first time on appeal (see Matter of Solutions Economics, LLC v Long Is. Power Auth., 97 AD3d at 595 ; Matter of Faison v Goord, 298 AD2d 392 , 393 [2002]).
Mastro, J.P., Chambers, Miller and Barros, JJ., concur.
Cases cited
- McKevitt v. Fiala 129 AD3d 730 at 730-731 p. 1420
- Arrazola v. State of New York Department of Motor Vehicles, Appeals Board 129 AD3d 1444 p. 1420
- Solutions Economics, LLC v. Long Island Power Authority 97 AD3d 593 at 595 p. 1420
- Pabon v. Phillips 16 AD3d 589 at 590 p. 1420
- Faison v. Goord 298 AD2d 392 at 393 p. 1420