People v. Perez-Klein (Charlene)

Appeals from five judgments of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Joseph C. Calabrese, J.H.O.), entered February 18, 2015. The judgments, after a joint nonjury trial of five actions to impose a civil liability upon defendant as the owner of a vehicle which had failed to comply with posted maximum speed limits in a school speed zone, as recorded by a photo speed violation monitoring system device, imposed a $50 civil liability, plus a $30 administrative fee, in each action.

ORDERED that, on the court's own motion, the appeals are consolidated for purposes of disposition; and it is further,

ORDERED that the judgments are reversed, without costs, the actions are dismissed, and the fines and administrative fees, if paid, are remitted.

Following a joint nonjury trial of these five actions, a civil liability was imposed in each action upon defendant as the owner of a vehicle which had been recorded by a "photo speed violation monitoring system" device failing to comply with posted maximum speed limits in a school speed zone in violation of Local Law No. 9-2014 of the County of Nassau, which established title 72-B, "Vehicle Owner Liability For Failure Of Operator To Comply With Certain Posted Maximum Speed Limits" (see also Vehicle and Traffic Law § 1180—c). For the reasons stated in People v Eisenstadt (48 Misc 3d 56 [App Term, 2d Dept, 9th & 10th Jud Dists 2015]), the judgments are reversed, the actions are dismissed, and the fines and administrative fees, if paid, are remitted.

Tolbert, J.P., Iannacci and Brands, JJ., concur.