Winters v. New York State Department of Motor Vehicles

Appellate Division of the Supreme Court of New York

Winters v. New York State Department of Motor Vehicles

97 A.D.2d 954, 468 N.Y.S.2d 749, 1983 N.Y. App. Div. LEXIS 20764

Appellate Division of the Supreme Court of the State of New York·Decided November 4, 1983·Published

Opinion

Determination unanimously confirmed and petition dismissed, without costs. Memorandum: Inasmuch as petitioner’s administrative appeal from respondent’s decision to suspend her operator’s license has not yet been determined, she may not maintain this CPLR article 78 proceeding challenging that decision (see Vehicle and Traffic Law, §§ 261, 263; CPLR 7801, subd 1; Matter of Giambra v Commissioner of Motor Vehicles, 46 NY2d 743). (Article 78 proceeding transferred by order of Supreme Court, Onondaga County, O’Donnell, J.) Present — Hancock, Jr., J. P., Denman, Boomer and Green, JJ.

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Determination unanimously confirmed and petition dismissed, without costs. Memorandum: Inasmuch as petitioner’s administrative appeal from respondent’s decision to suspend her operator’s license has not yet been determined, she may not maintain this CPLR article 78 proceeding challenging that decision (see Vehicle and Traffic Law, §§ 261, 263; CPLR 7801, subd 1; Matter of Giambra v Commissioner of Motor Vehicles, 46 NY2d 743). (Article 78 proceeding transferred by order of Supreme Court, Onondaga County, O’Donnell, J.) Present — Hancock, Jr., J. P., Denman, Boomer and Green, JJ.

Winters v. New York State Department of Motor Vehicles, 97 A.D.2d 954, 468 N.Y.S.2d 749, 1983 N.Y. App. Div. LEXIS 20764 (N.Y. Ct. App. 1983).

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97 A.D.2d 954 (Winters v. New York State Department of Motor Vehicles) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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