Legal Opinion

Miller v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 17, 2001PublishedCited by 4 opinions

1Opinion of the Court

—Peters, J.

Appeal *831from an order of the Court of Claims (McNamara, J.), filed April 10, 2000, which denied claimant’s application pursuant to Court of Claims Act § 10 (6) for permission to file a late notice of claim.

Although the nature of claimant’s cause of action is not clear from the claim and the claim does not request any specific relief, it is apparent that claimant seeks to challenge an administrative determination of the Department of Motor Vehicles. The appropriate remedy for such a challenge is a CPLR article 78 proceeding (see, e.g., Matter of Levy v Jackson, 266 AD2d 636) and,…

2Cases cited4 opinions

  1. Bergmann v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  2. Williams v. StateAppellate Division of the Supreme Court of the State of New York · 1997
  3. Levy v. JacksonAppellate Division of the Supreme Court of the State of New York · 1999
  4. McCullough v. StateAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by4 opinions

  1. Chevron U.S.A. Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2011
  2. Koehnlein v. JacksonAppellate Division of the Supreme Court of the State of New York · 2004
  3. Milner v. New York State Higher Education Services Corp.New York Court of Claims · 2004
  4. Nicholson v. StateNew York Court of Claims · 2008

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