2006 New York Code - Right Of Appeal; Time Limitations; Appeal Procedures; Fees.



 
    § 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.   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.

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