MacLeish v. Passidomo

OPINION OF THE COURT

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is whether the within CPLR article 78 proceeding brought by petitioner, whose license to operate a motor vehicle was revoked, is barred by reason of petitioner’s having failed to exhaust his administrative remedies.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 reviewed in any court unless an appeal has been filed and determined in accordance with this article; provided, however, the refusal…