Opinion
No. 2021-648 S C
10-20-2022
The People of the State of New York, Appellant, v. Justin Montezuma, Respondent.
Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for appellant. Justin Montezuma, respondent pro se (no brief filed).
Unpublished Opinion
Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for appellant.
Justin Montezuma, respondent pro se (no brief filed).
PRESENT:: JERRY GARGUILO, P.J., ELIZABETH H. EMERSON, TIMOTHY S. DRISCOLL, JJ
Appeal from an order of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (W. Alexander Melbardis, J.H.O.), dated September 17, 2021. The order granted defendant's motion to vacate a default judgment entered pursuant to Vehicle and Traffic Law § 1806-a upon a charge of operating a motor vehicle without insurance, and, upon such vacatur, to dismiss the simplified traffic information charging that offense.
ORDERED that the order is reversed, without costs, and the matter is remitted to the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, for a new determination, following a hearing, of defendant's motion to vacate a default judgment entered pursuant to Vehicle and Traffic Law § 1806-a upon a charge of operating a motor vehicle without insurance, and, upon such vacatur, to dismiss the simplified traffic information charging that offense.
For the reasons stated in People v Montezuma (___ Misc.3d ____, 2022 NY Slip Op ____ [Appeal No. 2021-647 S C], decided herewith), the order is reversed and the matter is remitted to the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, for a new determination, following a hearing, of defendant's motion to vacate a default judgment entered pursuant to Vehicle and Traffic Law § 1806-a upon a charge of operating a motor vehicle without insurance, and, upon such vacatur, to dismiss the simplified traffic information charging that offense.
GARGUILO, P.J., EMERSON and DRISCOLL, JJ., concur.