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In the Matter of Strax

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 2004
8 A.D.3d 396 (N.Y. App. Div. 2004)

Opinion

2003-06931.

Decided June 7, 2004.

In a proceeding pursuant to CPLR article 78 to compel the dismissal of Uniform Traffic Ticket number LI178827-5 or to direct the New York State Department of Motor Vehicles to provide the petitioner with a copy of a supporting deposition in connection with that traffic ticket, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Phelan, J.), dated June 16, 2003, which denied the petition and dismissed the proceeding.

Lisa Strax, Whitestone, N.Y., appellant pro se.

Eliot Spitzer, Attorney-General, New York, N.Y. (Michael Belohlavek of counsel), for respondent New York State Department of Motor Vehicles.

Lorna B. Goodman, County Attorney, Mineola, N.Y. (Gerald R. Podlesak of counsel), for respondents Nassau County Police Department and County of Nassau.

Before: DAVID S. RITTER, J.P. SANDRA L. TOWNES WILLIAM F. MASTRO PETER B. SKELOS, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

Assuming that the simplified traffic information in the present case was subject to dismissal based on the failure of the police officer who issued it to serve or file a supporting deposition within 30 days after the receipt by the Nassau County Traffic and Parking Violations Agency (hereinafter the NCTPVA) of the petitioner's timely request for such a supporting deposition ( see CPL 100.10[a]; 100.25[2]; 100.40[2]; 170.30[1][a]; 170.35[1][a]; Vehicle and Traffic Law § 1690, [3]; People v. Tyler 1 N.Y.3d 493; People v. Titus, 178 Misc.2d 687, overruling People v. Schuttinger, 143 Misc.2d 1032), the denial by the NCTPVA of the petitioner's motion to dismiss the simplified traffic information on this ground is not reviewable in a collateral proceeding ( see generally Matter of State of New York v. King, 36 N.Y.2d 59, 62; Matter of Griffin v. Santagata, 168 A.D.2d 557; see also Matter of Venezia v. Administrative Adjudication Bur. of Dept. Of Motor Vehicles, 169 A.D.2d 1033).

The proceeding was also properly dismissed as against the New York State Department of Motor Vehicles, an agency that is entirely separate from the NCTPVA, which is a department of the County of Nassau ( see General Municipal Law § 370).

RITTER, J.P., TOWNES, MASTRO and SKELOS, JJ., concur.


Summaries of

In the Matter of Strax

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 2004
8 A.D.3d 396 (N.Y. App. Div. 2004)
Case details for

In the Matter of Strax

Case Details

Full title:IN THE MATTER OF LISA STRAX, appellant, v. NEW YORK STATE DEPARTMENT OF…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 7, 2004

Citations

8 A.D.3d 396 (N.Y. App. Div. 2004)
777 N.Y.S.2d 709