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

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

607 N.E.2d 806, 80 N.Y.2d 1014, 592 N.Y.S.2d 659, 1992 N.Y. LEXIS 3901
New York Court of Appeals·Decided November 24, 1992·Published·Cited by 10 cases

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.

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Matter of Wheels, Inc. v. Parking Violations Bureau of the Dep't of Transp. of the City of New York, 607 N.E.2d 806, 80 N.Y.2d 1014, 592 N.Y.S.2d 659, 1992 N.Y. LEXIS 3901 (N.Y. 1992).

607 N.E.2d 806 (Matter of Wheels, Inc. v. Parking Violations Bureau of the Dep't of Transp. of the City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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