Vehicle & Traffic Law (VTL) §237(8) provides for automatic dismissal of a “notice of violation” (aka “NOV,” “parking ticket,” “parking summons”) regardless of whether the violation occurred. Under VTL §237(8), if the parking violations bureau (PVB) does not answer an inquiry concerning the NOV within 45 days and the inquiry was made as per VTL §237(8), the NOV will be automatically dismissed on request. This article argues that, contrary to Bolofsky v. City of New York, 2020 NY Slip Op 51259(U), *4-5 (Sup. Ct., NY County July 21, 2020), inquiries under VTL §237(8) are requests for information or documents, including the transcript of a hearing on the NOV.
VTL §237(8)
VTL §237(8) states the PVB shall have the duty “[t]o answer within a reasonable period of time all relevant and reasonable inquiries made by a person charged with a parking violation or his attorney concerning the notice of violation served on that person. The bureau must also furnish within a reasonable period of time to the person charged on his request, and upon complying with the regulations of the bureau, a copy of the original notice of violation including all information contained thereon. Failure by the bureau to comply with the provisions of this subdivision or any part of the provisions of this subdivision, within 45 days of such inquiry, forwarded to the bureau by certified or registered mail, return receipt requested, will result, upon the request of the person charged, in an automatic dismissal of all charges relating to and only to that notice of violation to which the inquiry was made.” (VTL §237(8) applies to the PVBs established as administrative tribunals in New York cities, including Yonkers, Peekskill, Syracuse, and cities having a population above 200,000. See VTL §§155, 235(1), 236(1).)
