S T A T E   O F   N E W   Y O R K
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                                  8184

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2011
                               ___________

Introduced by M. of A. CAMARA -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN  ACT  to  amend  the  county  law  and  the New York city charter, in
  relation to the docketing  of  adjudications  of  violations  of  laws
  enforced by the New York city department of consumer affairs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 918 of the county  law,  as  sepa-
rately  amended  by chapters 419 and 473 of the laws of 1988, is amended
to read as follows:
  4. Any other laws to the contrary notwithstanding, the county clerk in
each of the counties within the city  of  New  York  is  authorized  and
empowered  to  maintain  separate judgment docket volumes containing the
printed transcript or transcripts, in strict alphabetical order of judg-
ment made, entered and docketed in the civil court of the  city  of  New
York  against individuals, corporations, and other entities on behalf of
the parking violations bureau, the environmental control board, the taxi
and limousine commission, THE DEPARTMENT OF  CONSUMER  AFFAIRS  and  the
commissioner  of  jurors  of  the city of New York. These volumes may be
maintained in the form of computer print outs which  shall  contain  the
date  of  judgment,  the  name  and  address  of  the judgment debtor or
debtors, the amount of the judgment  and  other  information  which  the
county  clerk may deem necessary to sufficiently describe the parties to
the action or proceeding or nature or the manner of  the  entry  of  the
judgment.  Provided, however, with respect to judgments on behalf of the
parking  violations  bureau  the  county  clerk  may,  in  his  OR   HER
discretion, in lieu of such volumes, maintain the aforementioned data in
a  micrographic  or  computer retrievable format.  With respect to judg-
ments on behalf of the parking violations bureau such volumes  or  other
format  shall  be maintained pursuant to this subdivision for only those

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11260-01-1

              

A. 8184                             2

individuals, corporations, and other entities having vehicles registered
in the counties within the city of New York.
  S  2.  Paragraph  2 of subdivision (g) of section 2203 of the New York
city charter, as added by section 15 of question 2 of local  law  number
60  of  the  city  of  New York for the year 2010, is amended to read as
follows:
  (2) All such proceedings shall be commenced by the service of a notice
of violation. The commissioner shall prescribe the form and  wording  of
notices  of  violation.  The  notice  of  violation or copy thereof when
filled in and served shall constitute notice of the  violation  charged,
and, if sworn to or affirmed, shall be prima facie evidence of the facts
contained  therein.    THE NOTICE OF VIOLATION SHALL CONTAIN INFORMATION
ADVISING THE PERSON CHARGED OF THE MANNER AND THE  TIME  IN  WHICH  SUCH
PERSON  MAY  EITHER  ADMIT  OR DENY THE VIOLATION CHARGED IN THE NOTICE.
SUCH NOTICE OF VIOLATION SHALL ALSO CONTAIN  A  WARNING  TO  ADVISE  THE
PERSON  CHARGED  THAT  FAILURE TO PLEAD IN THE MANNER AND TIME STATED IN
THE NOTICE MAY RESULT IN A DEFAULT  DECISION  AND  ORDER  BEING  ENTERED
AGAINST  SUCH  PERSON. THE ORIGINAL OR A COPY OF THE NOTICE OF VIOLATION
SHALL BE FILED AND RETAINED BY THE DEPARTMENT  AND  SHALL  BE  DEEMED  A
RECORD KEPT IN THE ORDINARY COURSE OF BUSINESS.
  S  3. Paragraphs 3 and 4 of subdivision (g) of section 2203 of the New
York city charter are renumbered paragraphs 9 and 10 and six  new  para-
graphs 3, 4, 5, 6, 7 and 8 are added to read as follows:
  (3)  WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME ALLOWED BY
THE RULES OF THE COMMISSIONER OR HAS FAILED TO APPEAR  ON  A  DESIGNATED
HEARING DATE OR A SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT, SUCH FAILURE
TO PLEAD OR APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION
OF  LIABILITY  AND SHALL BE GROUNDS FOR RENDERING A DEFAULT DECISION AND
ORDER IMPOSING A PENALTY IN THE MAXIMUM AMOUNT PRESCRIBED UNDER LAW  FOR
THE VIOLATION CHARGED.
  (4) ANY FINAL ORDER IMPOSING A CIVIL PENALTY, WHETHER THE ADJUDICATION
WAS  HAD  BY  HEARING  OR  UPON DEFAULT OR OTHERWISE, SHALL CONSTITUTE A
JUDGMENT THAT MAY BE ENTERED IN THE CIVIL COURT OF THE CITY OF NEW  YORK
OR  ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN THE
STATE, AND MAY BE ENFORCED WITHOUT COURT PROCEEDINGS IN THE SAME  MANNER
AS THE ENFORCEMENT OF MONEY JUDGMENTS ENTERED IN CIVIL ACTIONS. ENTRY OF
A  JUDGMENT IN ACCORDANCE WITH THIS PARAGRAPH SHALL NOT LIMIT THE APPLI-
CATION OF ANY OTHER REMEDIES OR PENALTIES PROVIDED FOR  THE  ENFORCEMENT
OF LAWS OR RULES UNDER THE JURISDICTION OF THE DEPARTMENT.
  (5)  NOTWITHSTANDING  THE FOREGOING PROVISION, BEFORE A JUDGMENT BASED
UPON A DEFAULT MAY BE SO ENTERED THE DEPARTMENT MUST HAVE  NOTIFIED  THE
RESPONDENT  BY  FIRST  CLASS  MAIL  IN SUCH FORM AS THE COMMISSIONER MAY
DIRECT: (I) OF THE DEFAULT DECISION AND ORDER AND THE  PENALTY  IMPOSED;
(II)  THAT  A JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE CITY OF
NEW YORK OR ANY OTHER PLACE PROVIDED FOR THE ENTRY  OF  CIVIL  JUDGMENTS
WITHIN  THE STATE OF NEW YORK; AND (III) THAT ENTRY OF SUCH JUDGMENT MAY
BE AVOIDED BY REQUESTING A STAY OF DEFAULT  FOR  GOOD  CAUSE  SHOWN  AND
EITHER  REQUESTING A HEARING OR ENTERING A PLEA PURSUANT TO THE RULES OF
THE COMMISSIONER WITHIN THIRTY DAYS OF THE MAILING OF SUCH NOTICE.
  (6) A JUDGMENT ENTERED PURSUANT TO PARAGRAPH FOUR OF THIS  SUBDIVISION
SHALL REMAIN IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
  (7)  THE DEPARTMENT SHALL NOT ENTER ANY FINAL DECISION OR ORDER PURSU-
ANT TO THE PROVISIONS OF PARAGRAPH FOUR OF THIS SUBDIVISION  UNLESS  THE
NOTICE  OF  VIOLATION  SHALL  HAVE  BEEN SERVED IN THE SAME MANNER AS IS
PRESCRIBED FOR SERVICE OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE

A. 8184                             3

LAW AND RULES OR ARTICLE THREE OF THE BUSINESS  CORPORATION  LAW  OR  AS
PROVIDED IN PARAGRAPH EIGHT OF THIS SUBDIVISION.
  (8)(I) SERVICE OF A NOTICE OF VIOLATION MAY BE MADE BY DELIVERING SUCH
NOTICE  TO  A PERSON EMPLOYED BY THE RESPONDENT ON OR IN CONNECTION WITH
THE PREMISES WHERE THE VIOLATION OCCURRED OR TO A PERSON EMPLOYED BY THE
RESPONDENT AT THE PREMISES AT WHICH THE RESPONDENT ACTUALLY CONDUCTS THE
BUSINESS THE OPERATION OF WHICH GAVE RISE TO THE VIOLATION.
  (II) SERVICE OF A NOTICE OF VIOLATION THAT ALLEGES A  VIOLATION  BY  A
LICENSEE OF ANY LAW OR RULES OF THE COMMISSIONER MAY BE MADE BY DELIVER-
ING  SUCH  NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT AT THE PREMISES
AT WHICH THE RESPONDENT ACTUALLY CONDUCTS THE BUSINESS THE OPERATION  OF
WHICH GAVE RISE TO THE VIOLATION.
  (III)  SUCH  NOTICE MAY ONLY BE DELIVERED PURSUANT TO SUBPARAGRAPH (I)
OF THIS PARAGRAPH WHERE A REASONABLE ATTEMPT HAS BEEN  MADE  TO  DELIVER
SUCH  NOTICE  TO A PERSON IN SUCH PREMISES UPON WHOM SERVICE MAY BE MADE
AS PROVIDED FOR BY ARTICLE THREE OF THE CIVIL PRACTICE LAW AND RULES  OR
ARTICLE THREE OF THE BUSINESS CORPORATION LAW.
  (IV) WHEN A COPY OF SUCH NOTICE HAS BEEN DELIVERED PURSUANT TO SUBPAR-
AGRAPH  (I)  OR  (II)  OF  THIS PARAGRAPH, A COPY SHALL BE MAILED TO THE
RESPONDENT AT SUCH RESPONDENT'S LAST KNOWN RESIDENCE OR BUSINESS ADDRESS
OR TO AN ADDRESS CONTAINED IN THE FILES OF THE DEPARTMENT  COMPILED  AND
MAINTAINED  FOR  THE PURPOSE OF THE ENFORCEMENT OF THE PROVISIONS OF THE
CHARTER OR ADMINISTRATIVE CODE OR OTHER LAW OVER  WHICH  THE  DEPARTMENT
HAS JURISDICTION.
  (V)  PROOF  OF  SERVICE MADE PURSUANT TO THIS PARAGRAPH SHALL BE FILED
WITH THE COMMISSIONER WITHIN  TWENTY  DAYS  OF  SERVICE  IN  THE  MANNER
PRESCRIBED; SERVICE SHALL BE COMPLETE TEN DAYS AFTER SUCH FILING.
  S 4. This act shall take effect immediately.