IN RE DOWNTOWN AUTO CENTER, INC., pet-ap, v. THE STATE OF NEW YORK, DEPARTMENT OF MOTOR VEHICLES, res-res

3498. IN RE DOWNTOWN AUTO CENTER, INC., pet-ap, v. THE STATE OF NEW YORK, DEPARTMENT OF MOTOR VEHICLES, res-res — The Law Offices of Edward J. Troy, Greenlawn (Patrick J. Morganelli of counsel), for ap — Eric T. Schneiderman, Attorney General, New York (David S. Frankel of counsel), for res — Order and judgment (one paper), Supreme Court, New York County (Joan B. Lobis, J.), entered on or about December 8, 2015, which denied the petition to annul the determination of respondent Department of Motor Vehicles (DMV), dated January 27, 2015, denying the reinstatement of petitioner Downtown Auto Center, Inc.’s (Downtown) licenses to repair and inspect motor vehicles based on the failure to submit required documentation, and dismissed the proceeding brought pursuant to CPLR article 78, unanimously affirmed, without costs.

An appeal to DMV’s Appeals Board must be taken within 60 days of the date that the “license… is denied, suspended or revoked” (Vehicle Traffic Law §261(1)-(2)). Here, Downtown’s administrative appeal, postmarked November 6, 2014, was untimely as to any claims that its repair shop and public inspection licenses were “seized” on March 20, 2014, yet was timely with respect to the September 9, 2014 denial of its application for the reinstatement of its licenses for failure to provide the required documentation.