PEOPLE v. KWIECINSKI (2018)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Joyce KWIECINSKI, Appellant.

2015–2604 N C

Decided: January 25, 2018

PRESENT: ANTHONY MARANO, P.J., BRUCE E. TOLBERT, JERRY GARGUILO, JJ.

Joyce Kwiecinski, appellant pro se. Nassau County Attorney (Carnell T. Foskey, Esq.), for respondent.

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While this action commenced prior to the repeal of Local Law 9–2014, the trial was held after the local law had been repealed.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.

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