Parker v. State

The petitioner commenced the instant proceeding pursuant to CPLR article 78 more than four months after the determination of the Appeals Board of the State of New York, Department of Motor Vehicles (hereinafter the Appeals Board) became final and binding upon her (see CPLR 217 [1]; Matter of Best Payphones, Inc. v Department of Info. Tech. & Telecom. of City of N.Y., 5 NY3d 30, 34 [2005]). Moreover, contrary to the Supreme Court’s determination, the Appeals Board did not create an ambiguity as to whether a final and binding determina*800tion had been issued (see Matter of Carter v State of N.Y.,…