Opinion
No. 2023-317 SC
02-08-2024
The People of the State of New York, Respondent, v. Margaret Maxwell, Appellant.
Thomas V. Maxwell, for appellant. Suffolk County Traffic Prosecutor's Office, for respondent (no brief filed).
Unpublished Opinion
Thomas V. Maxwell, for appellant.
Suffolk County Traffic Prosecutor's Office, for respondent (no brief filed).
PRESENT:: JERRY GARGUILO, P.J., JAMES P. McCORMACK, GRETCHEN WALSH, JJ
Appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (Kenneth Diamond, J.H.O.), entered November 7, 2022. The judgment, after a nonjury trial, imposed a $275 civil liability upon defendant as the owner of a vehicle which had failed to stop for a stopped school bus.
ORDERED that the judgment is reversed, without costs, and the notice of liability is dismissed.
Defendant was served with a notice of liability pursuant to Vehicle and Traffic Law § 1174-a. The notice states that a vehicle owned by defendant failed to stop for a stopped school bus on March 29, 2022 at 300 Block of Deer Park Avenue in Dix Hills, New York. At a nonjury trial, the video depicting the violation was reviewed by the court. The court found defendant liable and a judgment was entered imposing a $275 civil liability.
Defendant appeals and the People consent to a reversal in light of this court's decision in People v Croce (- Misc.3d -, 2023 NY Slip Op 23399 [App Term, 2d Dept, 9th & 10th Jud Dists 2023]).
For the reasons stated in People v Croce (id.), the judgment is reversed and the notice of liability is dismissed.
GARGUILO, P.J., McCORMACK and WALSH, JJ., concur.