From Casetext: Smarter Legal Research

Matter of Wheels, Inc. v. Parking Violations Bureau

Court of Appeals of the State of New York
Nov 24, 1992
607 N.E.2d 806 (N.Y. 1992)

Opinion

Decided November 24, 1992


Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Carol E. Huff, J. O. Peter Sherwood, Corporation Counsel of New York City, New York City (Julian L. Kalkstein of counsel), for appellants.

Proskauer Rose Goetz Mendelsohn, New York City (Morton M. Maneker of counsel), for respondent.

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 mandatory, and the omission of one element required dismissal (Matter of Ryder Truck Rental v Parking Violations Bur., 62 N.Y.2d 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.

Designated pursuant to N Y Constitution, article VI, § 2.

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


Summaries of

Matter of Wheels, Inc. v. Parking Violations Bureau

Court of Appeals of the State of New York
Nov 24, 1992
607 N.E.2d 806 (N.Y. 1992)
Case details for

Matter of Wheels, Inc. v. Parking Violations Bureau

Case Details

Full title:In the Matter of WHEELS, INC., Respondent, v. PARKING VIOLATIONS BUREAU OF…

Court:Court of Appeals of the State of New York

Date published: Nov 24, 1992

Citations

607 N.E.2d 806 (N.Y. 1992)
607 N.E.2d 806
592 N.Y.S.2d 659

Citing Cases

Nestle Waters N. Am., Inc. v. City of N.Y.

Thus, VTL § 238(2) provides the requirements for initiating a prosecution for parking violations. The statute…

Sysco Metro NY, LLC v. City of N.Y.

Order, same court and Justice, entered May 30, 2018, which, insofar as appealed from as limited by the…