Adams v. City of Buffalo Parking Violations Bureau

OPINION OF THE COURT

Barbara Howe, J.

Petitioners instituted this CPLR article 78 proceeding in *684December 1993 for a judgment dismissing all of the within parking violation summonses as jurisdictionally defective, setting aside all convictions had thereunder and remitting any fines already paid. Respondent now moves either to dismiss the petition pursuant to its objections in point of law,1 or for summary judgment.

Petitioners ground their jurisdictional challenge in what they claim is a violation of the notice provision of Vehicle and Traffic Law § 238 (2) which governs municipal parking…