| People v Kwiecinski (Joyce) |
| 2018 NY Slip Op 50110(U) [58 Misc 3d 151(A)] |
| Decided on January 25, 2018 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Joyce Kwiecinski, appellant pro se. Nassau County Attorney (Carnell T. Foskey, Esq.), for respondent.
Appeal from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Joseph C. Calabrese, J.H.O.), entered August 4, 2015. The judgment, after a nonjury trial, imposed a $50 civil liability upon defendant for speeding in a school zone, plus a $30 administrative fee.
ORDERED that the judgment is reversed, without costs, the notice of liability is dismissed, and the $50 civil liability and administrative fee, if paid, are remitted.
This action was commenced on November 10, 2014 to impose a civil liability upon defendant as the "owner" (Vehicle and Traffic Law § 1111-b [4] [j]) of a vehicle she had rented that had been recorded by a photo speed violation monitoring system device failing to comply with the posted maximum speed limit in a school speed zone in violation of Nassau County Local Law No. 9-2014.
After a nonjury trial conducted on August 4, 2015, the District Court found defendant liable and imposed a civil liability upon her in the sum of $50, plus a $30 administrative fee.
While this action commenced prior to the repeal of Local Law 9-2014, the trial was held after the local law had been repealed. For the reasons stated in People v Confino (___ Misc 3d __, 2017 NY Slip Op 27354[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2017]), the judgment is reversed and the notice of liability is dismissed.
MARANO, P.J., TOLBERT and GARGUILO, JJ., concur.