Appeal a Hearing Decision


If an Administrative Law Judge finds you guilty at a parking ticket hearing, you have the right to appeal the decision.
 
To request an appeal, you must file a Parking / Camera Violations Appeal Application within 30 days of the Administrative Law Judge's hearing decision. While waiting for your appeal decision, penalties and interest may be added. Towing and other enforcement actions may also be taken.
 
You can avoid this by paying the total amount due before requesting the appeal.
 
If an emergency prevents you from attending a scheduled appeal and you cannot notify the Department of Finance in writing, you must notify the Appeals Board by calling 212-361-5990. If you do not notify us, you will lose the appeal appointment and will not be able to reschedule.
 
If you have any questions, call 311 (24 hours/7 days a week). If you are outside of New York City, call (212) NEW-YORK.  For TTY service for the hearing impaired, call (212) 639-9675.

  • If you lose your hearing, you will have 30 calendar days from the hearing decision date to file an appeal with the Department of Finance.

  • Only the registered owner, the driver, or an authorized representative of either can file an appeal.

  • If you pled guilty at the initial hearing, you cannot appeal that case.

  • If you paid the summons, without having a hearing, this is the equivalent of a guilty plea, and you cannot appeal it—even if you later discover that the ticket should have been dismissed.

  • If you have been found guilty at a hearing, you should consider paying the summons before you file the appeal, since fees can be added to the amount while you go through the appeals process. If you end up owing over $350 in judgment debt, your car can also be subject to booting or towing while you wait for the appeal to be processed.

  • If your summons is in judgment at the time of the appeal, interest will continue to be added daily while your appeal is pending.

  • If you pay the summons and win your appeal, your money will be refunded.

  • You can choose to appear in person to argue your appeal or you can submit your appeal by mail and have it considered without your appearance. Generally, an in-person appearance can be more persuasive in complicated cases.

  • If you are appearing in person, you will be notified of your appeal hearing date. If you do not appear for your appeal hearing, your appeal will be considered abandoned and the initial hearing decision will stand.

  • The appeals may allow you to submit additional evidence that may not have been available at the initial hearing. The burden at the appeal is on you to show why the judge at the initial hearing made a misake in applying the law or facts to your case.

  • Be very thorough and persuasive in your explanation and provide detailed factual and documentary evidence that proves what you are arguing. It is recommended that you use a separate sheet of paper to fully make your appeal argument.

  • Although it is not required, a statement that is sworn can sometimes carry more weight than one that is not. Sworn testimony may also carry more weight then a notarized statement. If you have witnesses who can corroborate your facts, use notarized or, ideally, sworn witness statements for them as well.

  • Present your arguments objectively and persuasively. Maintain a professional tone.

  • Don’t submit a one sentence statement as a defense. You run the risk of it not being persuasive.

  • You must attach a copy of the initial hearing decision, the original summons or notice of liability, and copies of all evidence you submitted at the initial hearing. • Keep a copy of all your documents and evidence.

  • A decision on your appeal will be sent to you within 60 days.

  • If you lose your appeal, and disagree with the ruling, you may file an Article 78 proceeding with the Supreme Court of the State of New York within four months of the appeal decision date. You can call the Supreme Court Clerk’s Office for more information about filing an Article 78:
    • New York County (Manhattan) Clerk’s Office: (646) 386-3030

    • Kings County (Brooklyn) Clerk’s Office: (347) 404-9760

    • Queens County Clerk’s Office: (718) 298-1000

    • Bronx County Clerk’s Office: (718) 618-1400

    • Richmond County (S.I.) Clerk’s Office: (718) 675-8700

The Appeals Determination
The Appeals Board will make one of the following decisions:

  • Affirm (uphold) the original hearing decision
  • Modify the original hearing decision
  • Reverse the hearing decision
  • Return the case for a completely new hearing
  • Decide that there was no issue on which to base your appeal.

The Appeals Board determination will be mailed to you. If an appeal results in a reduction of the fine or a dismissal of the violation, the Department of Finance will automatically mail the refunded amount within 30 days to the person who requested the appeal. You have the right to file an Article 78 Proceeding to challenge the original hearing decision or Appeals Determination by visiting the Clerk of the Supreme Court for New York County at 60 Centre Street, Room 116, New York, NY 10007. For more information call 646-386-3025.