NY Veh & Traf L § 1806-A (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 9 - Penalties and Disposition of Fines and Forfeitures Article 45 - Penalties and Disposition of Fines and Forfeitures 1806-A - Default Judgment in Cases of Failure to Answer.

§ 1806-a. Default  judgment  in cases of failure to answer.  1. In the   event a person charged with a traffic infraction does not answer  within   the time specified, the court having jurisdiction, other than a court in   a  city over one million population may, in addition to any other action   authorized by law, enter a plea of guilty on behalf of the defendant and   render a default judgment of a fine determined by the court  within  the   amount authorized by law. Any judgment entered pursuant to default shall   be  civil  in  nature,  but  shall  be  treated  as a conviction for the   purposes of this section.   However, at  least  thirty  days  after  the   expiration  of  the  original  date  prescribed  for entering a plea and   before a plea of guilty and a default  judgment  may  be  rendered,  the   traffic  violations bureau or, if there be none, the clerk of the court,   shall notify the defendant by  certified  mail:  (a)  of  the  violation   charged;  (b)  of the impending plea of guilty and default judgment; (c)   that such judgment will be filed with the county clerk of the county  in   which  the  operator or registrant is located, and (d) that a default or   plea of guilty may be avoided by entering a plea or making an appearance   within thirty days of the sending of such notice. Pleas  entered  within   that  period  shall  be in a manner prescribed in the notice. In no case   shall a default judgment and plea of guilty be rendered  more  than  two   years  after  the  expiration  of  the  time  prescribed  for originally   entering a plea. When a person has entered a plea of not guilty and  has   demanded  a hearing, no fine or penalty shall be imposed for any reason,   prior to the holding of the hearing which  shall  be  scheduled  by  the   court of such city, village or town within thirty days of such demand.2. The filing of the default judgment with the county clerk shall have   the  full  force and effect of a judgment duly docketed in the office of   such clerk and may be enforced in the same  manner  and  with  the  same   effect  as  that provided by law in respect to executions issued against   property upon judgments of a court of record  and  such  judgment  shall   remain  in  full  force  and  effect for eight years notwithstanding any   other provision of law.3. Notwithstanding the provisions of subdivision one of this  section,   a  traffic  violations  bureau  or,  if  there be none, the clerk of the   court, shall have two years from the effective date of this act to serve   notice upon an operator or owner of  a  motor  vehicle  charged  with  a   traffic  violation  who  has  not answered within the time specified and   prior to the effective date of this act.4. In the event a person charged with a  parking  violation  does  not   answer  within  the  time  specified,  a  traffic and parking violations   agency may, in addition to any other action authorized by law,  enter  a   plea  of guilty on behalf of the defendant and render a default judgment   of a fine determined by the judicial hearing officer within  the  amount   authorized  by  law.  Any  judgment entered pursuant to default shall be   civil in nature, but shall be treated as a conviction for  the  purposes   of  this  section. However, at least thirty days after the expiration of   the original date prescribed for entering a plea and before  a  plea  of   guilty  and  a default judgment may be rendered, the traffic and parking   violations agency shall notify the defendant by certified mail:  (a)  of   the  violation  charged; (b) of the impending plea of guilty and default   judgment; (c) that such judgment will be filed with the county clerk  of   the  county in which the operator or registrant is located, and (d) that   a default or plea of guilty may be avoided by entering a plea or  making   an  appearance  within  thirty days of the sending of such notice. Pleas   entered within that period shall  be  in  a  manner  prescribed  in  the   notice.  In  no  case  shall  a  default  judgment and plea of guilty be   rendered more than two years after the expiration of the time prescribed   for originally entering a plea. When a person has entered a plea of  not    guilty  and  has demanded a hearing, no fine or penalty shall be imposed   for any reason, prior to the holding  of  the  hearing  which  shall  be   scheduled  by  the  traffic  and parking violations agency within thirty   days of such demand.5. If a motor vehicle which is owned by a rental or leasing company is   ticketed  for  a  traffic infraction, the municipality shall not enter a   default judgement under this  section  against  the  rental  or  leasing   company  if,  when the municipality sends the notice to the company, the   company sends to the municipality within fifteen  days  a  copy  of  the   rental  or leasing agreement covering that vehicle on that date with the   name and address of the lessee clearly legible. If this  information  is   not  sent  to  the municipality within such fifteen day time period, the   municipality shall  proceed  under  this  section  to  enter  a  default   judgement  and  the  rental  or  leasing company shall be liable for the   traffic infraction.