N.Y. VAT. LAW § 241 : NY Code - Section 241: Final determinations, judgments

Search N.Y. VAT. LAW § 241 : NY Code - Section 241: Final determinations, judgments

* 1.  The  hearing examiner
  shall  make  a  determination  on  the  charges,  either  sustaining  or
  dismissing  them. Where the hearing examiner determines that the charges
  have been sustained he or she  may  examine  either  the  prior  parking
  violations  record  or  the record of liabilities incurred in accordance
  with section eleven hundred eleven-a of this chapter  or  in  accordance
  with section eleven hundred eleven-b of this chapter as added by section
  sixteen  of  the  chapter of the laws of two thousand nine which amended
  this subdivision or the record of  liabilities  incurred  in  accordance
  with  section  two  thousand  nine  hundred  eighty-five  of  the public
  authorities law  or  sections  sixteen-a,  sixteen-b  and  sixteen-c  of
  chapter seven hundred seventy-four of the laws of nineteen hundred fifty
  of  the  person  charged,  as  applicable  prior  to  rendering  a final
  determination. Final determinations  sustaining  or  dismissing  charges
  shall  be entered on a final determination roll maintained by the bureau
  together with records showing payment and nonpayment of penalties.
    * NB Effective until December 1, 2014
    * 1. The hearing examiner shall make a determination on  the  charges,
  either  sustaining  or  dismissing  them.  Where  the  hearing  examiner
  determines that the charges have been sustained he or  she  may  examine
  either  the prior parking violations record or the record of liabilities
  incurred in accordance with section  eleven  hundred  eleven-b  of  this
  chapter  as  added  by section sixteen of the chapter of the laws of two
  thousand nine which amended this subdivision of the person  charged,  as
  applicable   prior   to   rendering   a   final   determination.   Final
  determinations sustaining or dismissing charges shall be  entered  on  a
  final  determination roll maintained by the bureau together with records
  showing payment and nonpayment of penalties.
    * NB Effective and Expires December 1, 2014
    * 1. The hearing examiner shall make a determination on  the  charges,
  either  sustaining  or  dismissing  them.  Where  the  hearing  examiner
  determines that the charges have been sustained he may examine the prior
  parking violations record of the person charged  prior  to  rendering  a
  final  determination.  Final  determinations  sustaining  or  dismissing
  charges shall be entered on a final determination roll maintained by the
  bureau  together  with  records  showing  payment  and   nonpayment   of
  penalties.
    * NB Effective December 1, 2014
    * 2. Where an operator or owner fails to enter a plea to a charge of a
  parking  violation  or  contest an allegation of liability in accordance
  with section eleven hundred eleven-a of this chapter  or  in  accordance
  with section eleven hundred eleven-b of this chapter as added by section
  sixteen  of  the  chapter of the laws of two thousand nine which amended
  this subdivision or fails to  contest  an  allegation  of  liability  in
  accordance  with  section  two  thousand nine hundred eighty-five of the
  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
  chapter seven hundred seventy-four  of  the  laws  of  nineteen  hundred
  fifty,  or  fails  to  appear on a designated hearing date or subsequent
  adjourned date or fails after a hearing to comply with the determination
  of a hearing examiner, as prescribed by  this  article  or  by  rule  or
  regulation  of  the  bureau, such failure to plead or contest, appear or
  comply shall be deemed, for all purposes, an admission of liability  and
  shall  be  grounds  for  rendering and entering a default judgment in an
  amount provided by the rules and regulations  of  the  bureau.  However,
  after the expiration of the original date prescribed for entering a plea
  and  before  a default judgment may be rendered, in such case the bureau
  shall pursuant to the applicable provisions of law notify such  operator
  or owner, by such form of first class mail as the commission may direct;

  (1)  of  the  violation charged, or liability in accordance with section
  eleven hundred eleven-a of this chapter or in  accordance  with  section
  eleven  hundred  eleven-b of this chapter as added by section sixteen of
  the  chapter  of  the  laws  of  two  thousand  nine  which amended this
  subdivision alleged or liability in accordance with section two thousand
  nine hundred eighty-five of  the  public  authorities  law  or  sections
  sixteen-a, sixteen-b and sixteen-c of chapter seven hundred seventy-four
  of  the  laws  of  nineteen  hundred fifty alleged, (2) of the impending
  default judgment, (3) that such judgment will be entered  in  the  Civil
  Court  of  the  city  in which the bureau has been established, or other
  court of civil jurisdiction or any other place provided for the entry of
  civil judgments within the state of New York, and (4) that a default may
  be avoided by entering a plea or contesting an allegation  of  liability
  in accordance with section eleven hundred eleven-a of this chapter or in
  accordance with section eleven hundred eleven-b of this chapter as added
  by section sixteen of the chapter of the laws of two thousand nine which
  amended  this  subdivision  or  contesting an allegation of liability in
  accordance with section two thousand nine  hundred  eighty-five  of  the
  public authorities law or sections sixteen-a, sixteen-b and sixteen-c of
  chapter  seven  hundred  seventy-four  of  the  laws of nineteen hundred
  fifty, as appropriate, or making an appearance within thirty days of the
  sending of such notice. Pleas entered and allegations  contested  within
  that  period  shall  be  in  the manner prescribed in the notice and not
  subject to additional penalty or fee. Such notice of  impending  default
  judgment  shall not be required prior to the rendering and entry thereof
  in the case of operators or owners who are non-residents of the state of
  New York. In no case shall a default  judgment  be  rendered  or,  where
  required,  a notice of impending default judgment be sent, more than two
  years after the expiration of the time prescribed for entering a plea or
  contesting an allegation. When a person has demanded a hearing, no  fine
  or  penalty shall be imposed for any reason, prior to the holding of the
  hearing. If the hearing examiner  shall  make  a  determination  on  the
  charges,  sustaining  them,  he  shall impose no greater penalty or fine
  than those upon which the person was originally charged.
    * NB Effective until December 1, 2014
    * 2. Where an operator or owner fails to enter a plea to a charge of a
  parking violation or contest an allegation of  liability  in  accordance
  with section eleven hundred eleven-b of this chapter as added by section
  sixteen  of  the  chapter of the laws of two thousand nine which amended
  this subdivision, or fails to appear on a  designated  hearing  date  or
  subsequent  adjourned  date  or fails after a hearing to comply with the
  determination of a hearing examiner, as prescribed by this article or by
  rule or regulation of the bureau, such failure to plead, contest, appear
  or comply shall be deemed, for all purposes, an admission  of  liability
  and shall be grounds for rendering and entering a default judgment in an
  amount  provided  by  the  rules and regulations of the bureau. However,
  after the expiration of the original date prescribed for entering a plea
  and before a default judgment may be rendered, in such case  the  bureau
  shall  pursuant to the applicable provisions of law notify such operator
  or owner, by such form of first class mail as the commission may direct;
  (1) of the violation charged, or liability in  accordance  with  section
  eleven  hundred eleven-b of this chapter, as added by section sixteen of
  the chapter of  the  laws  of  two  thousand  nine  which  amended  this
  subdivision,  alleged,  (2)  of the impending default judgment, (3) that
  such judgment will be entered in the Civil Court of the  city  in  which
  the bureau has been established, or other court of civil jurisdiction or
  any  other  place  provided  for the entry of civil judgments within the
  state of New York, and (4) that a default may be avoided by  entering  a

  plea or contesting an allegation of liability in accordance with section
  eleven  hundred  eleven-b of this chapter as added by section sixteen of
  the chapter of  the  laws  of  two  thousand  nine  which  amended  this
  subdivision,  as appropriate, or making an appearance within thirty days
  of the sending of such notice. Pleas entered and  allegations  contested
  within  that  period shall be in the manner prescribed in the notice and
  not subject to additional penalty  or  fee.  Such  notice  of  impending
  default  judgment shall not be required prior to the rendering and entry
  thereof in the case of operators or owners who are non-residents of  the
  state  of  New York. In no case shall a default judgment be rendered or,
  where required, a notice of impending default  judgment  be  sent,  more
  than  two years after the expiration of the time prescribed for entering
  a plea or contesting  an  allegation.  When  a  person  has  demanded  a
  hearing,  no  fine  or penalty shall be imposed for any reason, prior to
  the holding of the  hearing.  If  the  hearing  examiner  shall  make  a
  determination on the charges, sustaining them, he or she shall impose no
  greater  penalty or fine than those upon which the person was originally
  charged.
    * NB Effective and Expires December 1, 2014
    * 2. Where an operator or owner fails to enter a plea to a charge of a
  parking violation or fails to appear on a  designated  hearing  date  or
  subsequent  adjourned  date  or fails after a hearing to comply with the
  determination of a hearing examiner, as prescribed by this article or by
  rule or regulation of the bureau,  such  failure  to  plead,  appear  or
  comply  shall be deemed, for all purposes, an admission of liability and
  shall be grounds for rendering and entering a  default  judgment  in  an
  amount  provided  by  the  rules and regulations of the bureau. However,
  after the expiration of the original date prescribed for entering a plea
  and before a default judgment may be rendered, in such case  the  bureau
  shall  pursuant to the applicable provisions of law notify such operator
  or owner, by such form of first class mail as the commission may direct;
  (1) of the violation charged, (2) of the impending default judgment, (3)
  that such judgment will be entered in the Civil Court  of  the  city  in
  which  the  bureau  has  been  established,  or  other  court  of  civil
  jurisdiction or  any  other  place  provided  for  the  entry  of  civil
  judgments  within  the  state of New York, and (4) that a default may be
  avoided by entering a plea or making an appearance within thirty days of
  the sending of such notice. Pleas entered within that period shall be in
  the manner prescribed in  the  notice  and  not  subject  to  additional
  penalty  or  fee. Such notice of impending default judgment shall not be
  required prior to the  rendering  and  entry  thereof  in  the  case  of
  operators  or  owners who are non-residents of the state of New York. In
  no case shall a default judgment  be  rendered  or,  where  required,  a
  notice  of impending default judgment be sent, more than two years after
  the expiration of the time prescribed for entering a plea. When a person
  has demanded a hearing, no fine or penalty  shall  be  imposed  for  any
  reason,  prior  to  the  holding of the hearing. If the hearing examiner
  shall make a determination on the charges,  sustaining  them,  he  shall
  impose  no  greater penalty or fine than those upon which the person was
  originally charged.
    * NB Effective December 1, 2014
    3. A judgment entered pursuant to the provisions of this section shall
  remain in full force and effect  for  eight  years  notwithstanding  any
  other provision of law.