Budget Tire Center, Inc. v. Jackson

Appeal from a judgment of the Supreme Court (Bradley, J.), entered June 21, 1995 in Albany County, which dismissed petitioners’ application, in a proceeding pursuant to CPLR article 78, to review a determination of respondent, inter alia, revoking petitioners’ license to inspect motor vehicles.

*976We 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 AD2d 838; Matter of Cushing-Gale v Kelly,…