Matter of Wheels, Inc. v. Parking Violations Bureau of the Dep't of Transp. of the City of New York

New York Court of Appeals November 24, 1992

Matter of Wheels, Inc. v. Parking Violations Bureau of the Dep't of Transp. of the City of New York, 80 N.Y.2d 1014 (N.Y. 1992)

592 N.Y.S.2d 659; 607 N.E.2d 806; 1992 N.Y. LEXIS 3901

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

In Matter of Ryder Truck we declared that five identification elements, including plate type, on a parking ticket were *1016 mandatory, and the omission of one element required dismissal (Matter of Ryder Truck Rental v Parking Violations Bur., 62 NY2d 667). We now amplify that decision and hold that a misdescription of any of the five mandatory identification elements also mandates dismissal.

Acting Chief Judge Simons and Judges Titone, Hancock, Jr., Bellacosa and Weiss * concur; Judges Kaye and Smith taking no part.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.

Designated pursuant to NY Constitution, article VI, § 2.

Reference

Full Case Name: In the Matter of Wheels, Inc., Respondent, v. Parking Violations Bureau of the Department of Transportation of the City of New York Et Al., Appellants
Cited By: 10 cases
Status: Published