New York Laws
Article 2-B - Adjudication of Parking Infractions
238 - Notice of Violation.

(b) If any information which is required to be inserted on a notice of
violation is omitted from the notice of violation, misdescribed, or
illegible, the violation shall be dismissed upon application of the
person charged with the violation.
(c) (i) A determination dismissing a charged parking violation that
has been procured due to the knowing fraud, false testimony,
misrepresentation, or other misconduct, or the knowing alteration of a
notice of parking violation, by the person so charged or his or her
agent, employee, or representative may be set aside by a hearing
examiner as hereinafter provided.
(ii) Notice shall be served on the owner by mail to the last known
registered address within two years of the time that the enforcing
authority discovers, or could with reasonable diligence have discovered,
that the dismissal was procured due to the knowing fraud, false
testimony, misrepresentation, or other misconduct, or the knowing
alteration of a notice of parking violation, by the person so charged or
his or her agent, employee, or representative. Such notice shall fix a
time when and place where a hearing shall be held before a hearing
examiner to determine whether or not dismissal of a charged parking
violation shall be set aside. Such notice shall set forth the basis for
setting aside the dismissal and advise the owner that failure to appear
at the date and time indicated in such notice shall be deemed an
admission of liability and shall result in the setting aside of the
dismissal and entry of a determination on the charged parking violation.
Such notice shall also contain a warning that civil penalties may be
imposed for the violation pursuant to this paragraph and that a default
judgment may be entered thereon.
(iii) Upon a finding by a hearing examiner that the dismissal of a
charged parking violation has been procured due to the knowing fraud,
false testimony, misrepresentation, or other misconduct, or the knowing
alteration of a notice of parking violation, by the person so charged or
his or her agent, employee, or representative, the dismissal shall be
set aside and a determination may be rendered against the owner on the
charged parking violation. The hearing examiner may impose monetary
penalties for the charged parking violation of up to three times the
scheduled fine for the violation and three times the additional
penalties that may be imposed for failure to respond to a notice of
violation pursuant to section two hundred thirty-five of this article.
For purposes of determining the amount of such additional penalties, the
hearing examiner shall disregard the plea that procured the dismissal
that has been set aside and shall calculate such penalties as if there
had been no plea or appearance in the proceeding. In any proceeding
under this paragraph to set aside a determination and to impose
penalties for the violation, it shall not be necessary for the hearing
examiner to find that the owner personally committed the unlawful acts
that procured the dismissal of the violation.
(iv) Failure to appear at a hearing in response to a notice issued
pursuant to this paragraph shall be deemed to be an admission of
liability for the charged parking violation as set forth in the original
notice of violation and a default judgment may be entered against the
owner in the maximum amount set forth in subparagraph (iii) of this
paragraph.
(v) Notwithstanding any inconsistent provision of section two hundred
forty-one of this article, a default judgment may be entered pursuant to
this paragraph more than two years after the expiration of the time
prescribed for entering a plea or contesting an allegation, but no more
than two years of the time that the enforcing authority discovers, or
could with reasonable diligence have discovered, that the dismissal was

procured due to the knowing fraud, false testimony, misrepresentation,
or other misconduct, or the knowing alteration of a notice of parking
violation.
3. For purposes of this section, an operator of a vehicle who is not
the owner thereof but who uses or operates such vehicle with the
permission of the owner, express or implied, shall be deemed to be the
agent of such owner to receive notices of violation, whether personally
served on such operator or served by affixation in the manner aforesaid,
and service made in either manner as herein provided shall also be
deemed to be lawful service upon such owner.