| People v Villatoro (Cindy) |
| 2018 NY Slip Op 51741(U) |
| Decided on November 29, 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Scott Lockwood, for appellant. Suffolk County Attorney's Office (Dennis M. Brown and Drew W. Schirmer of counsel), for respondent.
Appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (Allen S. Mathers, J.H.O.), entered November 18, 2015. The judgment, after a nonjury trial, imposed a $50 civil liability, plus a $30 administrative fee, upon defendant as the owner of a vehicle which had failed to stop at a red light.
ORDERED that the judgment is affirmed, without costs.
This action was commenced to impose a civil liability upon defendant as the owner of a vehicle which had been recorded by a "traffic-control signal photo violation-monitoring" device failing to comply with a traffic-control indication in violation of Local Law No. 20 (2009) of the County of Suffolk, which established vehicle owner liability for failure to comply with traffic-control indications (see also Vehicle and Traffic Law §§ 1111-b, 1111 [d]). It was alleged in the notice of liability that, on August 27, 2015, at 8:27 a.m., defendant's vehicle was traveling northbound and did not stop at a red light at the intersection of Straight Path and Wellwood Avenue. Following a nonjury trial, the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, found defendant liable and imposed a civil liability upon her in the sum of $50, plus a $30 administrative fee.
Contrary to defendant's contention, the administrative fee imposed by the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency, is authorized [*2]pursuant to chapter 818, article XI of the Code of Suffolk County and is not preempted by state law (see Municipal Home Rule Law § 10; People v Gray, 58 Misc 3d 155[A], 2018 NY Slip Op 50184[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018]; see generally Guthart v Nassau County, 55 Misc 3d 827 [Sup Ct, Nassau County 2017]). To the extent the issue raised on appeal is considered a challenge to the constitutionality of Code of Suffolk County § 818-78, such a challenge is not properly before this court since Suffolk County must first be, and was not, provided with notice of the constitutional challenge (see CPLR 1012 [b] [2]).
Accordingly, the judgment is affirmed.
GARGUILO, J.P., MARANO and TOLBERT, JJ., concur.