| People v Maxwell (Margaret) |
| 2024 NY Slip Op 50197(U) [81 Misc 3d 144(A)] |
| Decided on February 8, 2024 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Thomas V. Maxwell, for appellant. Suffolk County Traffic Prosecutor's Office, for respondent (no brief filed).
Appeal from a judgment of the District Court of Suffolk County, Suffolk County Traffic and Parking Violations Agency (Kenneth Diamond, J.H.O.), entered November 7, 2022. The judgment, after a nonjury trial, imposed a $275 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 March 29, 2022 at 300 Block of Deer Park Avenue in Dix Hills, 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 $275 civil liability.
Defendant appeals and the People consent to a reversal in light of this court's decision in People v Croce (— Misc 3d —, 2023 NY Slip Op 23399 [App Term, 2d Dept, 9th & 10th Jud Dists 2023]).
For the reasons stated in People v Croce (id.), the judgment is reversed and the notice of liability is dismissed.
GARGUILO, P.J., McCORMACK and WALSH, JJ., concur.
ENTER: