Heisler v. Atlas

In this article 78 CPLR proceeding, petitioner, having been fined $25 for a parking violation, seeks to overturn the determination of the Parking Violations Bureau on the ground that the hearing procedure violated his constitutional rights. Respondent cross-moves to dismiss the petition, claiming that the issue is moot, since respondent has offered to vacate the determination and repay the fine.

After petitioner was ordered to pay the fine, he appealed and requested a transcript of the hearing record. On July 191, 1971, respondent’s Appeals Board unanimously affirmed the hearing examiner’s…