Opinion
0300007392
11-27-2013
City of Troy Parking Violations Bureau, v. Jyri Palm, Defendant.
JYRI PALM, PRO SE MATTHEW P FOLEY, ESQ Deputy Corporation Counsel
JYRI PALM, PRO SE
MATTHEW P FOLEY, ESQ
Deputy Corporation Counsel
Matthew J. Turner, J.
On August 21, 2013, the defendant was accused of parking "Within 15' of Fire Hydrant" and was issued a parking ticket. Neither the defendant's name, nor a statement such as the "owner of the vehicle bearing license" is listed on the ticket to indicate who is being charged with the offense (VTL §238 [2]; In the Matter of Adams v. City of Buffalo Parking Violations Bureau, 161 Misd. 2d 683 [Sup Ct, Erie County 1994]). The ticket reads "Deponent accuses defendant of violating the New York State Vehicle and Traffic Law or the City of Troy Ordinance indicated above" (emphasis added).
Under VTL §238 [2], when the "operator of the motor vehicle . . . is present at the time of service" the individual's name shall be inserted on the notice of violation. If the notice of violation has been placed in a conspicuous place, as occurred in this case, then the phrase "owner of the vehicle bearing license' may be inserted instead. (VTL §238[2]). Neither of the foregoing occurred here, the ticket merely states that the "defendant" has been accused of violating the statute without alleging who in fact the defendant is. The failure to allege who is charged with the offense, in and of itself, is a jurisdictional defect (In the Matter of Adams v. City of Buffalo Parking Violations Bureau, 161 Misd. 2d at 686).
To further complicate matters, the license plate number noted on the parking ticket reads "PRDMSHIFT", this is an obvious misdescription of the assigned license plate number, as the statute limits plate numbers to no more than eight characters (VTL §401 [6][B]). This pleading error alone requires dismissal (Matter of Wheels, Inc, v. Parking Violations Bur. Of Dept. Of Transp. Of City of NY, 80 NY2d 1014 [1992]). The Court is aware of the holding in People v. Kreismann, (162 Misd. 2d 726, 728 [Village of Kensington Just Ct, 1994]) which allowed amendment of a " typographical' error when copying the Defendant's plate number onto the summons." The Court does not find this case persuasive. The Court of Appeals has made clear that dismissal is warranted when any of the five required elements are missing or a misdescription has occurred on the parking ticket (Matter of Wheels, Inc, v. Parking Violations Bur. Of Dept. Of Transp. Of City of NY, 80 NY2d at 1016; citing Ryder Truck Rental v. Parking Violations Bur., 62 NY2d 667 [1984]). As such, the defendant's motion for dismissal is granted.
This shall constitute the Decision and Order of the Court.
So ordered.
Dated: Troy, New York
November 27, 2013
_________________________________________
Matthew J. Turner
Troy City Court Judge