Appellate Division of the Supreme Court of the State of New York November 4, 1983 (Winters v. New York State Department of Motor Vehicles)

Determination unanimously confirmed and petition dismissed, without costs. Memorandum: Inasmuch as petitioner’s administrative appeal from respondent’s decision to suspend her operator’s license has not yet been determined, she may not maintain this CPLR article 78 proceeding challenging that decision (see Vehicle and Traffic Law, §§ 261, 263; CPLR 7801, subd 1; Matter of Giambra v Commissioner