| People v Schwartz (Mitchell) |
| 2023 NY Slip Op 51458(U) [81 Misc 3d 139(A)] |
| Decided on December 21, 2023 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Mitchell A. Schwartz, appellant pro se. Suffolk County Traffic Prosecutor's Office (Justin W. Smiloff of counsel), for respondent.
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 [*2]reversed and the notice of liability is dismissed.
EMERSON, J.P., GARGUILO and DRISCOLL, JJ., concur.
ENTER: