Petitioner appeals and we affirm. "A party challenging a ‘determination of [the Commissioner of Motor Vehicles] or a member of [respondent]’ must exhaust all administrative remedies before commencing a CPLR article 78 proceeding" ( Matter of Mayeri v. Commissioner of N.Y. State Dept. of Motor Vehs., 192 A.D.3d 1223, 1225, 143 N.Y.S.3d 442 [2021], lv denied 37 N.Y.3d 908, 2021 WL 4164242 [2021], quoting Vehicle and Traffic Law § 263 ). As the statute of limitations for a proceeding of this nature makes clear, "[a] petitioner who seeks [CPLR] article 78 review of a determination must commence the proceeding ‘within four months after the determination to be reviewed becomes final and binding upon the petitioner’ " ( Walton v. New York State Dept. of Correctional Servs., 8 N.Y.3d 186, 194, 831 N.Y.S.2d 749, 863 N.E.2d 1001 [2007], quoting CPLR 217[1] ).
be disturbed on appeal absent an abuse thereof."); Tri-Cty. Ice & Fuel Co. v. Palmetto Ice Co., 303 S.C. 237, 242, 399 S.E.2d 779, 782 (1990) ("An abuse of discretion arises [when] the [circuit court] was controlled by an error of law or where [its] order is based on factual conclusions that are without evidentiary support."); Acevedo v. N.Y. State Dep't of Motor Vehicles, 77 N.E.3d 331, 338 (N.Y. 2017) ("As a general matter, once an offender's license has been revoked-permanently or otherwise- reissuance of a new license is subject to the discretion of the [NYSDMV]."); Bainton v. N.Y. Dep't of Motor Vehicles, 116 N.Y.S.3d 428, 429 (N.Y.App.Div. 2020) ("Pursuant to [New York] Vehicle and Traffic Law § 263, a party challenging a determination by the [Driver Improvement] Bureau must first exhaust all administrative remedies before commencing a proceeding pursuant to CPLR article 78."); Mayeri v. Comm'r of New York State Dep't of Motor Vehicles, 143 N.Y.S.3d 442, 443 (N.Y.App.Div. 2021) ("At the time petitioner commenced this CPLR article 78 proceeding, his appeal of the administrative determination upholding the suspension of his driving privileges was still pending before the Appeals Board. Therefore, no final determination had been rendered with respect thereto such that Supreme Court appropriately determined that he had failed to exhaust his administrative remedies, precluding CPLR article 78 review.").
Petitioner appeals and we affirm. "A party challenging a 'determination of [the Commissioner of Motor Vehicles] or a member of [respondent]' must exhaust all administrative remedies before commencing a CPLR article 78 proceeding" (Matter of Mayeri v Commissioner of N.Y. State Dept. of Motor Vehs., 192 A.D.3d 1223, 1225 [2021], lv denied 37 N.Y.3d 908 [2021], quoting Vehicle and Traffic Law § 263). As the statute of limitations for a proceeding of this nature makes clear, "[a] petitioner who seeks [CPLR] article 78 review of a determination must commence the proceeding 'within four months after the determination to be reviewed becomes final and binding upon the petitioner'" (Walton v New York State Dept. of Correctional Servs., 8 N.Y.3d 186, 194 [2007], quoting CPLR 217 [1]). "An administrative determination becomes 'final and binding' when two requirements are met: completeness (finality) of the determination and exhaustion of administrative remedies.