LL60655
Page 1
Dept. of Consumer Affairs v. Imperial Auto Coach
CITY OF NEW YORK
DEPARTMENT OF CONSUMER AFFAIRS
DEPARTMENT OF CONSUMER AFFAIRS,Complainant,
-against-
IMPERIAL AUTO COACH,
Respondent. / DECISION AND ORDER
Violation No.: LL60655
License No.: 904916
Respondent’s Address:
305 Bruckner Boulevard
Bronx, NY10454
Date: August 23, 2007
A hearing on the above matter was held on July 23, 2007.[1]
Appearances: For the Department: Sup. Inspector Hatoff. For the Respondent: N. Richard Siegel, Authorized Representative, Luis Lamboy, President.
The respondent is charged with violating the following:
1)Title 6 of the Rules of the City of New York (“6 RCNY”) Section 2-362(0), by failing to have proof of payment of the commercial motor vehicle tax for a tow truck;
2)6 RCNY Section 2-363(a), failing to affix DMV plate or medallion affixed to tow truck; and
3)Administrative Code Section 20-507(b), failing to have required information painted on tow truck.
Based on the evidence in this case, I RECOMMEND the following:
Findings of Fact
On April 23, 1997, Luis Lamboy, the president of Imperial Auto Coach Inc., obtained insurance for a 1996 Chevy pick-up truck that he purchased two days later from a Multi Chevrolet Inc. in Union, NJ. On May 8, 1997, P.O. Manton stopped the truck, which was being driven by Mr. Lamboy’s son, Daniel. At the time, the truck had no New York Department of Finance tax stamp, rate signs, or DCA complaint number.
Four days later, on May 12, 1997, Mr. Lamboy registered the truck in the name of Imperial Auto Coach. On May 23, 1997, the Department of Consumer Affairs issued a tow truck identification card to the truck, and medallion # 3839, previously issued to another of the respondent’s trucks, was affixed.
Opinion
The Department did not meet its burden of proving charge #’s 1, 2 or 3 by a preponderance of the credible evidence. Luis Lamboy presented credible testimony and supporting evidence (title, bill of sale, and letter from the bank holding a security interest in the truck) to show that on May 8, 1997, the truck in question was owned by Luis Lamboy individually, and not by Imperial Auto Coach. Mr. Lamboy testified credibly, and presented a supporting print-out from the New York State Department of Motor Vehicles website to show, that before registering his vehicle in the name of Imperial Auto Coach on May 12, 1997, he was required to insure it in Imperial’s name.
Order
The respondent is found not guilty of charge #’s 1, 2 or 3, and these charges are DISMISSED.
This constitutes the recommendation of the Administrative Law Judge.
______
Judith Gould
Administrative Law Judge
DECISION AND ORDER
The recommendation of the Administrative Law Judge is approved. This constitutes an order of the Department.
______
Nancy J. Schindler
Deputy Director of Adjudication
cc:N. Richard Siegel
2175 70th Street
Brooklyn, NY11204
Luis Lamboy
120 W. 97th Street (3L)
New York, NY10025
N.Y.C. Department of Consumer Affairs 66 John Street-11th Floor New York, N.Y.10038 (212) 361-7770
Website address:
[1] The respondent appealed a previous decision, insofar as it found the respondent guilty of the three charges cited above. An Appeal Determination dated July 11, 2007 vacated that Decision and remanded the matter for a de novo hearing, on the three charges cited.