The following documents numbered 1-6 read on this Order to Show by Hilary Best for an Order vacating and anulling the decision of the Appeals Board of the City of New York Department of Parking Violations Bureau and dismissing the summons upon which it is based; and for a cross-motion by the respondents for an Order dismissing the proceedings: Papers Numbered Notice of Motion-Affidavits-Exhibits-Memo. of Law 1-4 Notice of Cross-Motion-Affidavits-Exhibits 5-6 This matter involves a parking ticket dispute. On October 1, 2018 a vehicle bearing Minnesota license plate number 583MHY owned by Annette Hamilton was parked in a loading zone in violation of Traffic Rule 4-08 (K) (2). After observing this violation, a traffic enforcement agent issued a violation numbered 8563140425. On January 9, 2019 the violation was affirmed by an Administrative Law Judge. Subsequently, an appeal decided on March 11, 2019 by the New York City Department of Finance Appeals Board, affirmed the Administrative Law Judge’s decision. Mr. Best now seeks an Order vacating and annulling these decisions. Respondent’s cross-move to dismiss based on Mr. Best’s lack of standing and due to this proceeding being time barred. In support, respondent’s provide a plate history inquiry of the vehicle in question, which states that Annette Hamilton is the owner of the vehicle. A copy of the parking violation is also submitted which states that no driver of the vehicle was present at the time the violation was given. An affidavit of Irene Cordova, who is an Administrative Manager of the Appeals Processing Unit in the Adjudication Division of the Parking Violations Bureau of the New York City Department of Finance is also submitted. She states that the final determination of the Appeals Board was mailed to Mr. Best on March 11, 2019. Standing “Standing is designed to ensure that the party seeking relief has a sufficiently cognizable stake in the outcome so as to cast the controversy in a form traditionally capable of judicial resolution” (City of New York v State, 86 NY2d 286, 297 [1995]). In order for a party to have standing to contest an administrative action, they must “show that the administrative action will in fact have a harmful effect on the petitioner and that the interest asserted is arguably within the zone of interest to be protected by the statute” (Mobil Oil Corp. v Syracuse Indus. Dev. Agency, 76 NY2d 428, 433 [1990]). Here, Hilary Best is not the owner of the vehicle, nor is there any proof that he was in fact the driver of the vehicle at the time of the violation. Therefore, there is no specific harm done to him. Statute of Limitations CPLR 217 (1) prescribes the applicable statute of limitations period for CPLR Article 78 proceedings, which are brought for the purpose of challenging an agency’s final determination. It requires a petitioner to commence a proceeding against an administrative body or officer “within four months after the determination to be reviewed becomes final and binding.” An administrative determination is final and binding when the petitioner has been aggrieved by the determination, and the four month statutory period commences immediately after the aggrieved party has been notified. (See Carter v State, Exec. Dept., Div. of Parole, 95 NY2d 267, 272 [2000] ["the four-month limitations period began to run when notice of the appeals unit decision was mailed to petitioner."]) Here, the Appeals Board decision was issued on March 11, 2019, and mailed out to the Petitioner the same day. Therefore, in accordance with CPLR 217(1), any Article 78 proceeding to challenge the final determination of the Appeals Board should have been commenced no later than July 11, 2019. However, petitioner did not commence the instant proceeding, challenging the Appeals Board decision, until August 29, 2019 (i.e. nearly a month and a half, after the statute of limitations period had expired). Accordingly, the petition is denied, and the cross motion is granted; and it is further ORDERED, ADJUDGED, and ADJUDICATED, that the petition shall be dismissed against the New York City Department of Finance Parking Violations Bureau, and the Clerk of the Court shall enter judgment accordingly. Dated: December 18, 2019 Long Island City, N.Y.
