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Guthart v. Nassau County

Supreme Court, Nassau County

January 19, 2017

Mark Guthart, on behalf of himself and all others similarly situated, Plaintiff,
v.
Nassau County and the NASSAU COUNTY TRAFFIC AND PARKING VIOLATION AGENCY, Defendants.

          Attorneys for Plaintiff David J. Raimondo & Associates, Taus, Cebulash & Landau, LLP

          Attorney for Defendants Andrew R. Scott, Esq. Deputy County Attorney

          HON. DANIEL PALMIERI Supreme Court Justice

         The following papers have been read on this motion:

         Notice of Motion, dated 6-27-16 1

         Affirmation, dated 6-28-16 2

         Affirmation in Opposition, dated 9-1-16 3

         Sur Reply in Opposition, dated 9-22-16 4

         The motion by defendants County of Nassau and the Nassau County Traffic and Parking Violation Agency (jointly, County) for an order pursuant to CPLR 3211(a)(1), (5) and (7) dismissing the complaint is granted pursuant to CPLR 3211(a)(7), which the Court treats as one for a declaration in defendants' favor prior to answer and declares that the driver-responsiblity fee as it relates to the red-light camera program is a proper exercise of Nassau County's power to charge and collect admisistrative fees.

         In this class action, plaintiff seeks, inter alia, a declaration that "[d]efendants' driver-responsibility fee as it relates to the red-light camera program... [is] ultra vires, unconstitutional; pre-empted, void or otherwise illegal" (Complaint, ¶ 60(b)). Plaintiff also alleges that the County has been "unjustly enriched" by the imposition of the Driver Responsibility Fee and seeks restitution of such fees.

         Specifically, plaintiff alleges, and it is undisputed, that:

"On December 28, 2015, Mr. Guthart was mailed a Notice of Liability under Nassau's red-light program. The notice provides the date of the alleged violation, the location of the alleged violation, the due date to make payment for the violation, and the statement: "Amount Due: $80, " and "Violation fine $50 Driver Resp. Fee $30.
Mr. Guthart paid defendants $80 [1]

." (ΒΆΒΆ 19 & 20 of Complaint). ...


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