N.Y. Vehicle & Traffic Law § 261: 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. 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.