Can You Tell the Difference Between an FDNY Summons and a Criminal Summons?
The FDNY has recently begun to label some Notices of Violation (infractions tied to an ECB hearing and fine) as FDNY Summonses. It’s important to remember that an FDNY Summons is not a Criminal Summons, even though Criminal Summonses can result from failure to comply with FDNY Violation Orders.
Sounds complicated? Here’s a quick reference and visual comparison:
• Issued on thin, pink ticket paper
• Same look and structure as an FDNY Notice of Violation
The most critical thing to remember is the follow-up for each type of document
The most critical thing to remember is the follow-up for each type of document – FDNY Summonses/Notices of Violation can be resolved by submitting a Certificate of Correction in advance of the cure date (if eligible), or submitting Correction, attending the hearing, and paying any applicable fines. You must attend a Criminal Summons hearing (or risk a bench warrant), and attorneys must represent corporations listed on the Summons.
While the name may change, the details and resolution process for FDNY NOV’s are still the same. After all, what’s in a name? That which we call an FDNY NOV by any other name would still be a violation.
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