Opinion
2011-2083 N C
01-30-2013
The People of the State of New York, Respondent, v. Darryl A. Lewis-El, Appellant.
PRESENT: : , P.J., IANNACCI and LaSALLE, JJ
Appeal from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (John R. O'Connor, J.H.O.), entered June 1, 2011. The judgment, after a nonjury trial, imposed a $50 civil liability, plus a $15 administrative fee, upon defendant as the owner of a vehicle which 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 was recorded by a "traffic-control signal photo violation-monitoring" device failing to comply with a traffic-control indication in violation of Local Law No. 12 (2009) of the County of Nassau, which established title 72, "Vehicle Owner Liability For Failure Of Operator To Comply With Traffic-Control Indications" (see also Vehicle and Traffic Law §§ 1111-b, 1111 [d]). Following a nonjury trial, a judgment was entered imposing a $50 civil liability, plus a $15 administrative fee upon defendant.
Defendant's arguments on appeal are without merit (see generally Levine v Traffic & Parking Violation Agency for Nassau County, 29 Misc 3d 1205[A], 2010 NY Slip Op 51702[U] [Sup Ct, Nassau County 2010]). We note, in particular, that Vehicle and Traffic Law § 1111-b (g) (4) provides that notices of liability "shall be prepared and mailed by Nassau county or by any other entity authorized by such county to prepare and mail such notification of violation." Defendant has not demonstrated that the notices were not mailed in compliance with that requirement.
Accordingly, the judgment is affirmed.
Nicolai, P.J., Iannacci and LaSalle, JJ., concur.