Matter of Thompson v. Brann

Summary

The Appellate Division, Second Department, affirmed dismissal of an Article 78 proceeding brought by a New York City Department of Correction employee seeking to compel the Commissioner to personally conduct a disciplinary hearing. The court held that the petitioner's sole appellate contention was not properly before the court because it was raised for the first time on appeal.

Holdings

1. The petitioner's sole contention was not properly before the Appellate Division because it was raised for the first time on appeal.
2. The order and judgment granting the respondents' motion to dismiss and dismissing the proceeding were affirmed, with costs.

Questions Presented

1. Whether the petitioner's sole appellate contention could be considered when it was raised for the first time on appeal.
2. Whether the Supreme Court's dismissal of the CPLR article 78 proceeding should be affirmed.

Disposition

affirmed