New York Consolidated Law
Vehicle and Traffic Law
Article 3A - NY Vehicle and Traffic Law
||Appeals board; functions.
||Right of appeal; time limitations; appeal procedures; fees.
||Stays pending appeal.
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
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
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