Opinion
No. 2021-833 S C
12-21-2023
The People of the State of New York, Respondent, v. Mitchell A. Schwartz, Appellant.
Mitchell A. Schwartz, appellant pro se. Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for respondent.
Unpublished Opinion
Mitchell A. Schwartz, appellant pro se.
Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for respondent.
PRESENT:: ELIZABETH H. EMERSON, J.P., JERRY GARGUILO, TIMOTHY S. DRISCOLL, JJ
Appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (John Andrew Kay, J.H.O.), entered October 20, 2021. The judgment, after a nonjury trial, imposed a $250 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 September 3, 2021 at 200 Block of Laural Road in East Northport, 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 $250 civil liability. Defendant appeals and the People consent to a reversal in light of this court's decision in People v Croce (2023 NY Slip Op 23399 [App Term, 2d Dept, 9th & 10th Jud Dists 2023]).
For the reasons stated in People v Croce (2023 NY Slip Op 23399), the judgment is reversed and the notice of liability is dismissed.
EMERSON, J.P., GARGUILO and DRISCOLL, JJ., concur.