N.Y. VAT. LAW § 261 : NY Code - Section 261: Right of appeal; time limitations; appeal procedures; fees

Search N.Y. VAT. LAW § 261 : NY Code - Section 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.


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