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MATTER OF WINTERS v. NEW YORK STATE DEP'T OF MOTOR VEHICLES

97 A.D.2d 954 (1983)

In the Matter of Theresa M. Winters, Petitioner, v. New York State Department of Motor Vehicles, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 4, 1983

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...

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