IN THE MATTER OF WHEELS, INC., RESPONDENT, v.
PARKING VIOLATIONS BUREAU OF THE DEPARTMENT OF
TRANSPORTATION OF THE CITY OF NEW YORK ET AL.,
80 N.Y.2d 1014, 607 N.E.2d 806, 592 N.Y.S.2d 659 (1992).
November 24, 1992
1 No. 303 SSM 55
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Julian L. Kalkstein, for Appellants.
Submitted by Morton M. Maneker, for Respondent.
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 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.
* * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.4 of the Rules, order affirmed, with costs, in a memorandum. Acting Chief Judge Simons and Judges Titone, Hancock, Bellacosa and Weiss concur. Judges Kaye and Smith took no part.