MATTER OF GIAMBRA v. COMM'R OF MOTOR VEHICLES OF THE STATE OF NEW YORK


46 N.Y.2d 743 (1978)

In the Matter of Hilda B. Giambra et al., Appellants, v. Commissioner of Motor Vehicles of the State of New York, Respondent.

Court of Appeals of the State of New York.

Decided December 6, 1978.


Attorney(s) appearing for the Case

Frank R. Bell for appellants.

Louis J. Lefkowitz, Attorney-General (Sidney L. Grossman, Jean M. Coon and Anne S. Meadvin of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in a memorandum.


MEMORANDUM.

The order appealed from should be affirmed, with costs. Having failed to utilize the appropriate mechanism for administrative review of the decision to revoke their operator's licenses and motor vehicle registration, petitioners are precluded from challenging that determination by means of this article 78 proceeding (Vehicle and Traffic Law, § 263; see CPLR 7801, subd 1).

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