Pitts v. City of New York Office of Comptroller

In a proceeding pursuant to CPLR article 78, inter alia, to review a determination of the New York City Department of Health and Mental Hygiene dated October 22, 2007, made after a hearing, that the petitioner violated New York City Health Code (24 RCNY) former §§ 3.11 and 11.66, and imposed a fine in the total sum of $500, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Queens County (Markey, J.), dated December 18, 2008, which granted the respondents’ motion to dismiss the petition on the ground that he failed to exhaust his administrative remedies and,…