Opinion
December 23, 1980
Appeal from the Monroe Supreme Court.
Present — Hancock, Jr., J.P., Schnepp, Callahan, Doerr and Witmer, JJ.
Order and judgment unanimously affirmed, without costs. Memorandum: Inasmuch as the State had assumed full control of the posting and maintenance of signs at the intersection in question, had required defendant county to remove its signs at that intersection, and had erected its own signs thereat, the County of Monroe was relieved of any duty with respect to the erection and maintenance of signs at the intersection, and thus it had no responsibility for the alleged negligent signing at the intersection (see Vehicle and Traffic Law, § 1621, subd [a], par 1; § 1681, subd [a]; Geraghty v. State of New York, 309 N.Y. 188, 192-194; Nuss v State of New York, 301 N.Y. 768, affg 195 Misc. 38, 40; Farrell v Town of North Salem, 205 N.Y. 453, 456; Rotey v. Van Ooyen, 73 A.D.2d 804; Malcuria v. Town of Seneca, 66 A.D.2d 421, 424). No other failure is charged against the county. The complaint contains no allegation that the County of Monroe negligently designed or maintained Colby Street. In any event, the county had no obligation to install "rumble strips", discussed on the examination before trial, because the State regulations did not authorize them (Vehicle and Traffic Law, § 1680, subd [c]; 17 NYCRR Parts 200, 201).