MATTER OF DOWNTOWN AUTO CENTER, INC.

3498, 155433/15.

148 A.D.3d 582 (2017)

2017 NY Slip Op 02156

50 N.Y.S.3d 336

In the Matter of DOWNTOWN AUTO CENTER, INC., Appellant, v. STATE OF NEW YORK, DEPARTMENT OF MOTOR VEHICLES, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 23, 2017.


An appeal to DMV's Appeals Board must be taken within 60 days of the date that the "license ... is denied, suspended or revoked" (Vehicle and Traffic Law § 261 [1], [2]). Here, Downtown's administrative appeal, postmarked November 6, 2014, was untimely as to any claims that its repair shop and public inspection licenses were "seized" on March 20, 2014, yet was timely with respect to the September 9, 2014 denial of its application for the reinstatement of its licenses...

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