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Wheels, Inc. v. Parking Violations Bureau of the Department of Transportation

80 N.Y.2d 1014 Court N.Y. Decision date 1992-11-24 English

Contents

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p. 1014
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.
Decided November 24, 1992
p. 1015
APPEARANCES OF COUNSEL
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.

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

p. 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[1] 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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