N.Y. Vehicle and Traffic Law 2127 – Hearings
§ 2127. Hearings. A person aggrieved by an act or omission to act of the commissioner under this article is entitled to a hearing. The commissioner shall grant a hearing to an applicant therefor as soon as practicable, except that if a certificate of title is temporarily suspended, within ten days after receipt of a written request for such hearing. No hearing shall be required because of the refusal of the commissioner to issue a certificate of title in a case where the commissioner determines that a request for such hearing is frivolous or based upon sham. The applicant may be heard in person or by counsel. The hearing shall be at such time and place as the commissioner shall prescribe. The commissioner acting by such officer or person in the department of motor vehicles as he may designate, shall have the power to temporarily omit to take any action under this article pending a hearing and to subpoena and bring before the officer or person so designated any person in this state and administer an oath to and take testimony of any person or cause his deposition to be taken with the same fees and mileage in the same manner as prescribed by law in judicial procedure in courts of this state in civil cases.
Terms Used In N.Y. Vehicle and Traffic Law 2127
- Commissioner: includes the office and a branch office of the commissioner and, when authorized to receive a document or fee as agent of the commissioner, the clerk of a county. See N.Y. Vehicle and Traffic Law 2101
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Oath: A promise to tell the truth.
- Person: means a natural person, firm, co-partnership, association or corporation. See N.Y. Vehicle and Traffic Law 2101
- State: means a state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a province of the Dominion of Canada. See N.Y. Vehicle and Traffic Law 2101
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.