Ferreira v. City of New York Department of Finance

Appellate Division of the Supreme Court of New York

Ferreira v. City of New York Department of Finance

249 A.D.2d 37, 670 N.Y.S.2d 102, 1998 N.Y. App. Div. LEXIS 3783

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 7, 1998

StatusPublished

This text of 249 A.D.2d 37 (Ferreira v. City of New York Department of Finance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ferreira v. City of New York Department of Finance, 249 A.D.2d 37, 670 N.Y.S.2d 102, 1998 N.Y. App. Div. LEXIS 3783 (N.Y. Ct. App. 1998).

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Opinion

—Determination of respondent Parking Violations Bureau, dated July 29, 1996, finding petitioner liable for parking summonses issued on a car of which petitioner was the registered owner, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by an order of the Supreme Court, New York County [Louis York, J.]), entered on or about February 19, 1997) dismissed, with costs.

As the owner of the car in question (see, Vehicle and Traffic Law § 2108 [c]; § 239 [1] [a] [2], [3]), petitioner is liable for any fines or penalties assessed against it (Vehicle and Traffic Law § 239 [2] [a]). Petitioner’s claim that his brother used his identification papers to register the car without his knowledge or consent raises an issue of credibility not reviewable by the [38]*38courts (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). Concur — Sullivan, J. P., Williams, Tom and Andrias, JJ.

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—Determination of respondent Parking Violations Bureau, dated July 29, 1996, finding petitioner liable for parking summonses issued on a car of which petitioner was the registered owner, unanimously confirmed, the petition denied and the proceeding brought pursuant to CPLR article 78 (transferred to this Court by an order of the Supreme Court, New York County [Louis York, J.]), entered on or about February 19, 1997) dismissed, with costs.

As the owner of the car in question (see, Vehicle and Traffic Law § 2108 [c]; § 239 [1] [a] [2], [3]), petitioner is liable for any fines or penalties assessed against it (Vehicle and Traffic Law § 239 [2] [a]). Petitioner’s claim that his brother used his identification papers to register the car without his knowledge or consent raises an issue of credibility not reviewable by the [38]*38courts (see, Matter of Berenhaus v Ward, 70 NY2d 436, 443-444). Concur — Sullivan, J. P., Williams, Tom and Andrias, JJ.

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Bluebook (online)

249 A.D.2d 37, 670 N.Y.S.2d 102, 1998 N.Y. App. Div. LEXIS 3783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferreira-v-city-of-new-york-department-of-finance-nyappdiv-1998.

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