Awan v. City of New York

Both section 243 of the Vehicle and Traffic Law and section 19-209 of the New York City Administrative Code provide that judicial review of a decision by the appeals board of the Parking Violations Bureau “may be sought” via an article 78 proceeding. A plenary action to remedy purported violations of civil rights by the Parking Violations Bureau is “foreclosed by the availability of review in an Article 78 proceeding in the state courts” (Liebers v Parking Violations Bur., 1994 WL 119186, *3, 1994 US Dist LEXIS 3986, *7 [1994]). Thus, plaintiff cannot pursue this matter as a plenary action, and…