| Troni v City of New York |
| 2010 NY Slip Op 50936(U) [27 Misc 3d 139(A)] |
| Decided on May 25, 2010 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Plaintiff appeals from an order of the Small Claims Part of the Civil Court of the City of
New York, New York County (Debra Rose Samuels, J.), dated January l0, 2010, which granted
defendant's motion to dismiss the action.
Per Curiam.
Order (Debra Rose Samuels, J.), dated January 10, 2010, affirmed, without costs.
Plaintiff instituted this small claims action against the municipal defendant seeking reimbursement of approximately $l,100 in parking tickets that "should have been cancelled." The action was properly dismissed on defendant's motion, since plaintiff failed to exhaust available administrative remedies in connection with the adverse determinations of the Department of Finance Parking Violations Bureau (see Smilow v New York City Dept. of Fin. Parking Violations Adjudications Div., 68 AD3d 413 [2009]) or to seek review of any final adverse agency determinations by way of a CPLR article 78 proceeding.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: May 25, 2010