MTR MACLEISH v. PASSIDOMO


123 Misc.2d 644 (1984)

In the Matter of Douglas R. MacLeish, Petitioner, v. John A. Passidomo, as Commissioner of Motor Vehicles of the State of New York, Respondent.

Supreme Court, Special Term, Albany County.

March 26, 1984


Attorney(s) appearing for the Case

Steven J. Simon for petitioner. Robert Abrams, Attorney-General (Eileen E. Bryant of counsel), for respondent.


JOHN G. CONNOR, J.

The issue here presented is whether the within CPLR article 78 proceeding brought by petitioner, whose license to operate a motor vehicle was revoked, is barred by reason of petitioner's having failed to exhaust his administrative remedies.

Section 263 of the Vehicle and Traffic Law provides: "No determination of the commissioner or a member of the department which is appealable under the provisions of this article shall be...

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