Suffolk County Traffic and Parking Violations Agency (TPVA) FOILed
Cory H. Morris sued the Traffic Agency over failing to produce evidence in a Suffolk County Traffic Ticket Trial. Described by the Second Department Appellate Court as "a law firm [that] represents clients in relation to alleged traffic violations before the respondent Suffolk County Traffic and Parking Violations Agency (hereinafter the Agency)" we had to sue because the Suffolk County Traffic Agency failed to produce evidence in response to a Suffolk County Traffic Matter. Cory Morris firm brought this lawsuit and prevailed in the higher court for transparency in Suffolk County, NY traffic proceedings.
While some oath to uphold the constitution, few Suffolk County Traffic Lawyers take trials or appeals nevertheless sue the Suffolk County Traffic and Parking Violations Agency, also known as the Suffolk County TPVA or Suffolk TPVA, when the Traffic Agency decides to railroad a client: The Law Offices of Cory H. Morris was different.
In the Suffolk County Speeding Ticket trial, Cory Morris did serve Notice of a Freedom of Information Law ("FOIL") lawsuit. The Second Department, Supreme Court, reversed the Suffolk County Supreme Court that affirmed the denial of records or accountability for the Suffolk County Traffic Agency, noting that [To the extent that the remaining materials sought by the petitioner "concern[ ] the [Agency's] nonadjudicatory responsibilities [they are] not exempt from disclosure under . . . Public Officers Law § 86(3)" (Matter of Law Offs. of Cory H. Morris v County of Nassau, 158 AD3d 630, 632, citing Matter of Dolce v Nassau County Traffic & Parking Violations Agency, 7 NY3d 492, 498; see Matter of Neale v Law Guardian Advisory Comm. for Ninth Jud. Dist., 62 AD3d 885, 886). However, the record lacks sufficient evidence to conclude, as a matter of law, that the requested materials are exempt from disclosure as records of the "judiciary" pursuant to that statute (see Matter of Law Offs. of Frank DeSousa v Nassau County, 171 AD3d 925, 926; Matter of Law Offs. of Cory H. Morris v County of Nassau, 158 AD3d at 632; see also Matter of Snyder v Nassau County, 199 AD3d at 924)]
The Matter of Law Offices of Cory H. Morris vs. Suffolk County TPVA (the first one of two cases with this caption) is important for not only standing in a FOIL, a Freedom of Information Law, Matter but also as it relates to basic accountability for motorists that are routinely railroaded by the Suffolk County Traffic and Parking Violations Agency in Traffic Ticket prosecutions, the failure of the TPVA to provide evidence, and accountability for illegaly or unfair Suffolk County Traffic Tickets or Traffic Prosecutions. Because the law office represented not only the traffic client, one who was facing a Suffolk County Speedy Ticket but also a systematic abuse of statutory and civil rights by the Suffolk County Traffic Court known as TPVA. The client, who I feel was wronged, was done with her traffic ticket in 2018 but the office was not - we sued and continue to pursue accountability in Suffolk County. As for exhausting administrative remedies in the Freedom of Information Law, FOIL, context and the agency that simply refused to give over records without a lawsuit:
Here, the Supreme Court improperly determined that dismissal was warranted based on the petitioner's failure to exhaust its administrative remedies. Where, as here, an agency fails to "inform the person [or entity] making the FOIL request that further administrative review of the determination is available, the requirement of exhaustion is excused" (Matter of Lepper v Village of Babylon, 190 AD3d 738, 742, citing Matter of Barrett v Morgenthau, 74 NY2d 907, 909; see Matter of Rivette v District Attorney of Rensselaer County, 272 AD2d 648, 649). Moreover, contrary to the respondents' contention, the petitioner's alleged "aware[ness] . . . of the availability of administrative review . . . did not relieve the respondent of its responsibility to advise the petitioner that such review was available, and of the procedures for securing it" (Matter of Orange County Publs. v Kiryas Joel Union Free School Dist., 282 AD2d 604, 606). However, the court's denial, in effect, of that branch of the petition which sought to retrain certain employees of the respondents with respect to their obligations under FOIL was proper (see Matter of Rosasco v St. James Fire Dist., 200 AD3d 692, 694).
The Second Judicial Department, New York Supreme Court concluded with "we reinstate those branches of the petition which were to compel disclosure of certain records and for an award of attorney's fees and litigation costs, and remit the matter to the Supreme Court, Suffolk County, for further proceedings consistent herewith and a new determination of those branches of the petition." In doing so, the Appeals Court cited Matter of Law Offs. of Cory H. Morris v County of Nassau, 158 AD3d 630, 632 and Matter of Law Offs. of Frank DeSousa v Nassau County, 171 AD3d 925, 926; a previous cases brought in the name of a lawyer(s) for the sake of accountability of Long Island Traffic Agencies, Long Island Traffic and Parking Violations Tickets;
The case is The Matter of the Law Offices of Cory H. Morris v. Suffolk County, 2023 NY Slip Op 02312 (2nd Dep't. 2023) and is accessible online for free here; the official court reporter can be access here.
Cory H. Morris, Esq. New York and Florida, Injury, Addiction, Accident, Call the Law Offices of Cory H. Morris, 631-450-2515 (NYS) (954)-745-4592 (FLA)
Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of your traffic matter, criminal matter or appellate matter.
