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Article 3A - NY Vehicle and Traffic Law

ADMINISTRATIVE APPEALS

Section Description
260 Appeals board; functions.
261 Right of appeal; time limitations; appeal procedures; fees.
262 Stays pending appeal.
263 Judicial review.
S 260.  Appeals  board;  functions. 1. Appeals board. The appeals board
  established pursuant  to  article  two-A  of  this  chapter  shall  also
  constitute the appeals board for the purposes of this article.
    2.  Functions.  Each  appeal  filed  pursuant to this article shall be
  reviewed by the appeals board, which shall make a determination of  such
  appeal,  and  shall  cause  an  appropriate  order  to be entered in the
  records of the department.

  S 261. Right  of appeal; time limitations; appeal procedures; fees. 1.
  Right  of  appeal.  Whenever  a  license,  certificate,  permit  or  any
  privilege  is  denied, suspended or revoked by the commissioner pursuant
  to this chapter, except where such action is based upon a conviction  as
  a  result of which such action is required by statute or is based upon a
  determination rendered under the provisions  of  article  two-A  of  the
  vehicle   and   traffic   law,   the  holder  thereof  may  appeal  such
  determination pursuant to  the  provisions  of  this  article  and  such
  regulations  as  may  be  promulgated  by the commissioner. In addition,
  following an adjudicatory proceeding conducted pursuant to section  four
  hundred seventy-one-a of this chapter, an aggrieved party may appeal the
  commissioner's  decision  pursuant to the provisions of this article and
  such  regulations  as  may   be   promulgated   by   the   commissioner.
  Notwithstanding   the  provisions  of  this  subdivision,  appeals  from
  determinations made pursuant to article twelve-A of this  chapter  shall
  be governed in accordance with the provisions of that article.
    2.  Time  limitations. No appeal shall be reviewed if it is filed more
  than sixty days after written notice  was  given  of  the  determination
  appealed from.
    3.  Appeal  procedures. Any person desiring to file an appeal pursuant
  to this article shall do so  in  a  form  and  manner  provided  by  the
  commissioner.  If  a  hearing  was held prior to such determination, the
  transcript of the hearing will only be reviewed if it  is  submitted  by
  the  appellant.  An  appeal  shall not be deemed to be finally submitted
  until the appellant has submitted all forms or documents required to  be
  submitted  by the commissioner or this article, including the transcript
  when such is requested to be reviewed; provided,  however,  such  appeal
  shall  be  deemed  to have been finally submitted if the appeal is filed
  and the transcript is ordered  prior  to  the  expiration  of  the  time
  limitations imposed by subdivision two of this section.
    4.  Fees. The fee for filing an appeal shall be ten dollars. No appeal
  shall be deemed filed unless any required fee has been paid.

   S 262. Stays  pending  appeal. The appeals board, or chairman thereof,
  upon the request of any person who has filed  an  appeal,  may,  in  its
  discretion, grant a stay pending a determination of the appeal. Whenever
  a determination has not been made within thirty days after an appeal has
  been  finally  submitted,  a stay of execution will be deemed granted by
  operation of law, and the  license,  certificate,  permit  or  privilege
  affected will be automatically restored pending final determination.

  S 263. Judicial  review.  No  determination  of  the commissioner or a
  member of the department which is appealable  under  the  provisions  of
  this  article  shall  be reviewed in any court unless an appeal has been
  filed and determined in accordance with this article. The  determination
  of  the appeals board shall be subject to review by the supreme court in
  the manner provided in article seventy-eight of the civil  practice  law
  and rules; provided, however, the refusal of an appeals board to grant a
  stay  pending  appeal shall be deemed a final determination for purposes
  of appeal.

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Vehicle and Traffic Law - Table of Contents

VTL Index | Article Index | Violation Guide | License Guide | Popular Articles | Search Phrases
Title 1 | Title 2 | Title 3 | Title 4 |Title 5 | Title 6 |Title 7 | Title 8 | Title 9 | Title 10 | Title 11 | Title 12 | 01 | 02 | 2A | 2B | 03 | 3A | 04 | 05 | 5A | 06 | 07 | 08 | 09 | 10 |11 | 12 | 12a | 12b | 12c | 13 | 14 | 14A | 14B | 15 | 15A | 16 | 17 | 17A | 17A* | 17B | 17C | 18 | 19 | 19A | 19B | 20 | 21 | 21A | 21B | 21C | 22 | 23 | 24 | 25 | 26 | 27 | 28 | 29 | 30 | 31 | 32 | 33 | 34 | 34A | 34B | 34C | 35 | 36 | 37 | 38 | 38 | 39 | 40 | 41 | 42 | 43 | 44 | 44A | 45 | 46 | 47 | 48 | 48A | 48B | 48C | 49 | 50

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