Appeal on DSNY summons on ashtray contents, paper(s),,,,, on street gutters. Appeal

Union-NY

New Member
Jurisdiction
New York
7/22/24 am my condo building got summons from DSNY and summons was issues to individual owner.

Despite gutters were pretty clean, it would be difficult to convince ALJ that street was clean at time, because we were not around when ticket was issued.

In 2006, I ran into an Issuing Officer when he was issuing a violation to the condo.
I asked the agent " excuse me, where is the debris you describe in the ticket? Sidewalk is clean, I don't see any debris". IO replied " before, there were debris on the sidewalk"
I asked "how could you see debris before you came here?"
IO replied "go to fight at hearing"
City allowed IO issuing false tickets and innocent residents had to take time off to fight for justice.

Now, in 2024, our condo building got false ticket again and we did not catch IO action. But this time, among all owners of home units, parking units and condo built, IO issued the ticket to owner of one of on door basement parking spaces, not the condo. Set hearing, incorrectly, on Sunday of 10/25/24. In the affidavit of delivery showed ticket was not mail until 8/14/24, more than 20 days after ticket was issued, respondent's address on DSNY was different from DOF.

On 12/13/24, respondent attended hearing in person. Explained to ALJ that she owned the parking space but she did not live in the building. She did not get the ticket timely to inspect the alleged dirty gutters. She never received the notice by mail. NOV was not properly served. Respondent also showed ALJ HPPD and DOF that particular condo building at said address with block # and lot # was owned by condo, not the respondent. Property tax bill showed the property on the address of the ticket was Condo, not the respondent. Summons was issued to the wrong party.

ALJ printed out a property tax bill of respondent's parking showed different block # & lot #. As any person search DOF with the address there will be 20 block & lots show on the screen. If indoor parking owner is responsible of the violation, why not the rest of 19 owners? What DSNY based on to pick me as the owner responsible?

I have not received the decision, but DSNY system indicated "hearing completed, in violation" .

IO issued the ticket to wrong owner and improperly served the NOV that made the real owner unable to timely investigate the violation.

How do I fight? I don't know how DSNY constructs its owner / address system. In my case, DSNY ignores my DOF property tax bill record and Condo's DOF property. I want to stop IO from issuing any wrong ticket. It is terrible that ALJ knows Condo is the owner of the property by looking at the DOF screen before he printed out a copy of my tax bill to wrongly show me is the owner of the location.
 
Those citations are cash cows for the DS. The system is corrupt. The judges will find you guilty no matter how much the IO made a mess of things. You can file an appeal but they are counting on their victims not wanting to spend more on the appeal than the ticket cost.

thelaw.com is owned by an attorney in your area who actually has experience fighting DS citations. He'll be around. @Michael Wechsler

While you wait, read a similar post.

 
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