The New York City Parking Violations Bureau reportedly adjudicated 1.27 million parking summonses at in-person hearings for fiscal year 2009.1 According to two recent Supreme Court, New York County, decisions—Matter of Meyers Van Lines Inc. v. City of New York Dept. of Fin. Parking Violations Bur. (Nov. 10, 2009, Index No. 106783/2008) and Matter of Dong Sic Ko v City of New York Dept. of Fin. Parking Violations Bur., 28 Misc.3d 603 (May 12, 2010)—PVB violated Vehicle and Traffic Law 242, by making payment a prerequisite for taking an appeal, and 238 (2), by using mailing as process service. The author handled both cases. This article focuses on PVB’s nine-month failure to follow Meyers and on PVB’s continuing failure to follow Ko, and suggests PVB’s failure to follow them lacks merit.
‘Meyers’
PVB rule 19 Rules of the City of New York (RCNY) 39-12(b)(3) makes paying fines and penalties or posting a bond a prerequisite for taking an administrative appeal. That rule states: “No appeal shall be permitted unless the fines and penalties assessed by the Hearing Examiner are paid, or the respondent shall have posted a cash or recognized surety company bond in the full amount of the final determination appealed from.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
