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S 260. Appeals board; functions. 1. Appeals board. The appeals board established pursuant to article two-A of this chapter shall also constitute the appeals board for the purposes of this article. 2. Functions. Each appeal filed pursuant to this article shall be reviewed by the appeals board, which shall make a determination of such appeal, and shall cause an appropriate order to be entered in the records of the department. S 261. Right of appeal; time limitations; appeal procedures; fees. 1. Right of appeal. Whenever a license, certificate, permit or any privilege is denied, suspended or revoked by the commissioner pursuant to this chapter, except where such action is based upon a conviction as a result of which such action is required by statute or is based upon a determination rendered under the provisions of article two-A of the vehicle and traffic law, the holder thereof may appeal such determination pursuant to the provisions of this article and such regulations as may be promulgated by the commissioner. In addition, following an adjudicatory proceeding conducted pursuant to section four hundred seventy-one-a of this chapter, an aggrieved party may appeal the commissioner's decision pursuant to the provisions of this article and such regulations as may be promulgated by the commissioner. Notwithstanding the provisions of this subdivision, appeals from determinations made pursuant to article twelve-A of this chapter shall be governed in accordance with the provisions of that article. 2. Time limitations. No appeal shall be reviewed if it is filed more than sixty days after written notice was given of the determination appealed from. 3. Appeal procedures. Any person desiring to file an appeal pursuant to this article shall do so in a form and manner provided by the commissioner. If a hearing was held prior to such determination, the transcript of the hearing will only be reviewed if it is submitted by the appellant. An appeal shall not be deemed to be finally submitted until the appellant has submitted all forms or documents required to be submitted by the commissioner or this article, including the transcript when such is requested to be reviewed; provided, however, such appeal shall be deemed to have been finally submitted if the appeal is filed and the transcript is ordered prior to the expiration of the time limitations imposed by subdivision two of this section. 4. Fees. The fee for filing an appeal shall be ten dollars. No appeal shall be deemed filed unless any required fee has been paid. S 262. Stays pending appeal. The appeals board, or chairman thereof, upon the request of any person who has filed an appeal, may, in its discretion, grant a stay pending a determination of the appeal. Whenever a determination has not been made within thirty days after an appeal has been finally submitted, a stay of execution will be deemed granted by operation of law, and the license, certificate, permit or privilege affected will be automatically restored pending final determination. S 263. Judicial review. No determination of the commissioner or a member of the department which is appealable under the provisions of this article shall be reviewed in any court unless an appeal has been filed and determined in accordance with this article. The determination of the appeals board shall be subject to review by the supreme court in the manner provided in article seventy-eight of the civil practice law and rules; provided, however, the refusal of an appeals board to grant a stay pending appeal shall be deemed a final determination for purposes of appeal. Top of Page
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