§ 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.

Terms Used In N.Y. Vehicle and Traffic Law 261

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Statute: A law passed by a legislature.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.

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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