Loeb Boat House at East 73rd Street in Central Park. Image credit: CityLaw.
Unlicensed owner left pedicab in the “No Standing” area of Central Park. Shakhboz Muzafforov left his pedicab unattended in front of the Loeb Boat House at East 73rd Street in Central Park at 12:22 p.m. on May 16, 2017. A Parks officer served Muzafforov a summons for unlawfully leaving a pedicab in a prohibited location. Later that day at 2:05 p.m., a Parks officer asked Muzafforov for his license and upon review of the license learned that Muzafforov was not included on the list of valid pedicab drivers maintained by the Department of Consumer Affairs. The Parks officer issued a second summons to Muzafforov for operating a pedicab without a valid license. At the OATH hearing, both violations were upheld.
Siyovush Ochilov, the employer of Muzafforov, appealed to the OATH Appeals Unit. The OATH Appeals Unit denied Ochilov’s appeal, upheld fines totaling $750, and ruled that the Parks officer sufficiently established both violations. Ochilov had argued that the violations were duplicative, but the OATH Appeals Unit determined that Parks had not erred in citing separate charges for unlawful operation of the pedicab and operating without a valid license.
DCA v Siyovush Ochilov, Appeal Nos. 0509934 and 05409935, OATH Hearings Division Appeals Unit, January 26, 2018.
By: Letisha Gray (Letisha is a New York Law School Graduate, Class of 2018.)