Mark Guthart, on behalf of himself and all others similarly situated, Plaintiff,
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
DANIEL PALMIERI Supreme Court Justice
following papers have been read on this motion:
of Motion, dated 6-27-16 1
dated 6-28-16 2
in Opposition, dated 9-1-16 3
Reply in Opposition, dated 9-22-16 4
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.
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.
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 
." (¶¶ 19 & 20 of Complaint).