From Casetext: Smarter Legal Research

Matter of Winters v. N.Y. St. Dept. of Motor

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 954 (N.Y. App. Div. 1983)

Opinion

November 4, 1983

Appeal from the Supreme Court, Onondaga County, O'Donnell, J.

Present — Hancock, Jr., J.P., Denman, Boomer and Green, JJ.


Determination unanimously confirmed and petition dismissed, without costs. Memorandum: Inasmuch as petitioner's administrative appeal from respondent's decision to suspend her operator's license has not yet been determined, she may not maintain this CPLR article 78 proceeding challenging that decision (see Vehicle and Traffic Law, §§ 261, 263; CPLR 7801, subd 1; Matter of Giambra v Commissioner of Motor Vehicles, 46 N.Y.2d 743).


Summaries of

Matter of Winters v. N.Y. St. Dept. of Motor

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 4, 1983
97 A.D.2d 954 (N.Y. App. Div. 1983)
Case details for

Matter of Winters v. N.Y. St. Dept. of Motor

Case Details

Full title:In the Matter of THERESA M. WINTERS, Petitioner, v. NEW YORK STATE…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 4, 1983

Citations

97 A.D.2d 954 (N.Y. App. Div. 1983)