Article 78 Proceedings - To Vacate Convictions for Bogus NYC Parking Tickets

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	Click here to see the final outcome of my Parking Ticket case.

Petitioner: Jason I Alpert

VS

Article 78 Proceedings:
How to Use the NYS Supreme Court to Fight Convictions for
Bogus NYC Parking Tickets

Background - The Problem

It appears that the NYC Department of Finance (the "DOF"), through its goons and "bounty hunter" tow-trucks, continually and knowingly issues wrongful and fraudulent Parking Tickets -- in order to generate revenue.

Yet, in a way, I realize that this doesn't seem to make sense. For, if the City really wanted to generate revenue, why did the City Council approve a law (that went into effect on Nov. 13, 2005), that provided for free metered parking on Sundays? An article in the NY Times stated that "A New York City tradition of free metered parking on Sundays - revoked in many neighborhoods to help ease the city's fiscal crisis three years ago - will be revived under a law that the City Council approved yesterday (October 11, 2005) over a mayoral veto. ...... The law is expected to cost the city $12 million a year in lost revenue from quarters and parking tickets, in addition to about $1.2 million to change 13,600 parking signs, city officials said."

Nevertheless, this paradox seems to be the case.

And to better understand the travesties of justice that are being perpetrated by the DOF and its PVB , please watch this highly informative and entertaining video. It is entitled "John Deutzman reports on a man who won a parking ticket case against the City. This video clearly and concisely depicts a situation that is very similar to my own personal situation (described below).

In the video, John Deutzman, a Reporter at Fox 5 TV News, interviews lawyer Sanford F Young, who (like myself) was a victim of a bogus Parking Ticket. Lawyer Young was so irate, that he took the case all the way to the NY State Supreme Court -- and won.

Introduction - My Personal Parking Ticket Situation

On Wednesday night, 4/02/2008, I parked my vehicle directly across the street from my residence.

At exactly 12 midnight on Thursday, 4/03/2008 my vehicle was ticketed for allegedly "parking in front of a driveway," and immediately towed away. I believe that the driver of the tow truck is the person that issued the actual Parking Ticket (Summons), which bore number 759682044-0.

At a Hearing held later that same day (4/03/2008), the NYC Department of Finance's Administrative Law Judge ("ALJ") sustained the Parking Ticket. The ALJ was not "persuaded" by my sworn testimony that there was no driveway at the spot where my vehicle had been parked. (Click on ALJ's Decision and Order if you wish to read it.)

Because the ALJ had sustained the Parking Ticket, I had no choice but to shell out $185 to redeem my vehicle at the "Tow Pound."

On 5/01/2008 I submitted by mail an Appeal to the DOF's Adjudication Division. Please click on Appeal Form if you wish to read my filled-out Appeal form, and on Attached Sheets to read some additional sheets of Arguments which I attached to the aforesaid Appeal Form. These additional sheets contain all of the facts of this case in great detail, and should be read.

Unfortunately, the DOF did not accept the many logical and credible arguments that I'd presented in my aforesaid Appeal. Rather, they upheld the ALJ's Decision to sustain the Parking Ticket. (If you want to see their ruling, click on Ruling.)

Knowing that Fox 5 TV News Reporter John Deutzman (mentioned above) is very much concerned with cases involving Parking Ticket abuse by the City, I emailed a copy of my aforesaid Appeal to him. In the table below is his reply to my email (paraphrased):

Jason - It seems that you presented a very sound and detailed argument -- which at the very least meets the standards of Young ("Sanford F Young v. City of New York court decision"), and the case that you cited ("the parking violation matter of Heisler v. Atlas"). However, this assumes that you are dealing with a fair and intelligent agency. That assumption is false.

If you have the time and the money (to be refunded), you should take it to the Supreme Court. -- John Deutzman

Nevertheless, as a last ditch attempt on my part to avoid the complexity and cost of bringing my case before the New York State Supreme Court (i.e., in an Article 78 Proceeding), I proceeded as follows.

On 6/8/2008, I personally hand-delivered to the DOF Adjudication Division's Appeals Unit (at 66 John Street on the 3rd floor) a letter addressed to their Chief Administrative Law Judge. In this letter, I asked that the DOF Appeals Unit reconsider its ruling, and issue a new ruling that reverses the ALJ's negative Decision and Order -- thereby dismissing my Parking Ticket. I also asked that, in the event that this was not possible, then the DOF should please provide me with a transcript of my 4/03/2008 Hearing.

You can read my letter to the DOF (requesting a Transcript) by clicking on the link. (This letter will provide you with a clear and concise understanding of my Parking Ticket situation.)

On 7/7/2008, in response to my letter to the DOF (requesting a Transcript), ALJ Dianne Pine of the DOF -- to its credit -- sent me a letter dismissing the subject Parking Ticket. Click on DOF Dismissal Letter to read it.

This means that I no longer need to proceed with an Article 78 Proceeding.

Nevertheless, even though the 7/7/2008 DOF letter dismisses my Parking Ticket, it seems to have some flaws. For details, please read my reply this DOF letter.

On 7/30/2008 ALJ Dianne Pine called me. She had not as yet received an email that I had just sent to her, but she was calling to return a call that I had placed to her yesterday.

On the phone, I repeated for ALJ Pine several of the questions contained in said email. With great patience, courtesy, and kindness, ALJ Pine answered in detail all of my questions. Inter alia, she said that the DOF would automatically deposit into my bank-account a refund of the $95 fine for the Parking Ticket. But, she said, in order for me to obtain a refund of the $185 towaway fee, I would have to fill out a Parking Violations Refund Application, and then submit it to the DOF. (Back in March 2006, I also requested a refund for a towaway fee --and eventually I got the refund. If you wish, you may read about that experience here.)

On 8/04/2008, In accordance with what ALJ Pine had told me, I submitted online a request for a refund of my $185 towaway fee.

However, I did NOT request a refund of the $95 fine. This is for these two reasons: 1) because ALJ Pine had told me on the telephone that the DOF would automatically deposit into my bank-account a refund of the $95 fine, and 2) because I am the registered owner of the vehicle, and according to the DOF website, the DOF "will automatically issue a refund of parking fine overpayments within 30 days. You do not need to file this application to claim a refund of these (parking fine) overpayments. (I. e. you need to file this application only for a refund of towaway fees). A refund check will automatically be generated to the registered owner of the vehicle and mailed to the address on file."

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On 08/13/2008 the DOF deposited into my bank-account a refund of the $95 fine for my Parking Ticket.

And the very next day (08/14/2008), I received by mail from the DOF a revised ruling. This new revised ruling supersedes the DOF's initial ruling. And unlike the initial Ruling, which had upheld the ALJ's Decision to sustain my Parking Ticket, the DOF's revised ruling reverses the ALJ's Decision. (If you want to see this revised DOF ruling, please click on revised ruling.)

On 08/21/2008, I received from a well-intentioned DOF a useless letter. It merely stated that the DOF would not refund my $95 Fine -- because it had already done so! To read this unnecessary letter, click on Refund Denial.

On 8/22/2008 I finally received a refund check for the $185 towaway fee. To see it , click on Refund Check.

To read about the course of action that I had planned to take in the event that the DOF had NOT dismissed my Parking-Ticket, please click on Article 78 Proceedings. It will guide you on how to proceed just in case you get a Parking-Ticket that the DOF refuses to dismiss.

Other Parking Ticket Cases of Mine

Click here to read about another Parking Ticket case. In this case, I was successful with my Appeal to the DOF. This case provides you with details on what you have to go through in order to get refunds for Parking Ticket fees and for Towaway fees -- after you have finally succeeded in beating the ticket!

Click here to read about 4 bogus Parking Tickets that I received in February 2007. Fortunately, they were all dismissed by the DOF. In this case, the miscreants were members of the Police Department, rather than the DOF.

However, I ask, "Why should law abiding citizens be subjected to this type of abuse -- being issued bogus parking tickets on a regular basis??!!

It seems as though the whole government of NYC is filled with corrupt officials. (I'd naïvely thought that Mayor Bloomberg would have eliminated some of this ...

) Nevertheless, there are, of course, some very notable exceptions, such as ALJ Dianne Pine. (In my email to her, I described her as decent and conscientious.)

Links to Other Websites

Parking Ticket Fighter.com	New York Court Help
Parking Ticket Fighter- Blogspot.com	Free Legal Services
Gridlock Sam - NYC Parking and Traffic Information	NYC.gov - FAQs Regarding Parking Violations
NYC.gov - Appeal Form.pdf