This article reviews Amaker v. N.Y.C. Department of Finance (Sup. Ct., Kings County, Index No. 2947/2016, decision dated Oct. 20, 2016 (Landicino, J.)), and concludes that Supreme Court incorrectly denied the Article 78 petition, that a parking summons must set forth the particular place where the violation occurred, and that, regardless of whether the same parking restriction covers two addresses (e.g., 311 and 313 Wyckoff Avenue), the summons is fatally defective if the vehicle is parked at only one of those addresses and the summons misdescribes the place of occurrence as the other address.

‘Amaker’

In Amaker, petitioner received a summons for parking his vehicle in violation of officially posted street cleaning rules on May 6, 2015. Petitioner thereafter challenged the summons before an Administrative Law Judge of the City of New York Department of Finance Parking Violations Bureau (PVB). On June 4, 2015, ALJ Desiree Laster-Hayes determined the petitioner was guilty of violating Traffic Rule 34 RCNY 4-08(d)(1) by parking his vehicle in violation of officially posted street cleaning rules. Further, her decision stated that the evidence presented by the petitioner during the hearing was not a persuasive defense and that the location provided on the parking summons was legally sufficient. By decision dated Nov. 10, 2015, the PVB Appeals Board affirmed the underlying determination and held “upon review of the record we find no error of fact or law.”

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