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MATTER OF MILLER v. STATE OF NEW YORK

283 A.D.2d 830 (2001)

724 N.Y.S.2d 374

In the Matter of ROBERT MILLER, Appellant, v. STATE OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 17, 2001.

Peters, J.

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 A.D.2d 636) and, therefore, any monetary damages...

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