Suffolk County Traffic Case Dismissed Pending Appeal

Got a traffic ticket? Pulled over by a New York State Trooper? Arrested? What happens if you lose but the New York Traffic Court dismisses it pending an appeal? The New York Traffic Agencies vary but the Nassau County and Suffolk County Traffic Agency are one of a kind: that is what happened in our case and we just went through the Freedom of Information Law ("FOIL") Appeal at the Second Department. While the traffic matter is dismissed, the FOIL matter proceeds!

The Traffic Agency Tickets, the Nassau County and Suffolk County Traffic and Parking Violations Agency ("TPVA") is the "traffic court" where people encounter police and judges for the first time or often.

A New York Accident or New York Traffic Matter should not be complex but this case involved the Suffolk County TPVA and thus the following occurs:

Motion by defendant for an order assigning a Civil Appeal Index Number to a notice of appeal, dated August 31, 2022, from an order of the District Court of Suffolk County, Traffic and Parking Violations Agency, dated August 22, 2022, and for an enlargement of time to perfect the appeal.

What happened - in this Suffolk County Traffic and Parking Violations matter, we sought to appeal - the Suffolk Traffic Agency did not allow us to move forward! How are we to seek justice in overturning the traffic conviction in this matter? We Appeal and pursue that remedy - the Second Department Appellate Term, the Appellate Court, finds that

the decision and order dated December 19, 2022 denying defendant's application for a certificate granting leave to appeal to this court from the August 22, 2022, order is vacated, that application is deemed a timely notice of appeal from the August 22, 2022 order, and the application is denied as moot;  

The Case is People v. Breighner 2024 NY Slip Op 73986 - NY: Appellate Term, 2nd Dept., 2024, a case where the Suffolk County Traffic Agency intitially opposed the appeal but ended up dismissing the case! Still, the Freedom of Information Law Matter persists in the Second Department, Supreme Court, Breighner v. Suffolk County Traffic and Parking Violations Agency.

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)

New York State Traffic, Suffolk County Traffic and Nassau County Traffic, FOIL and Article 78 and Appeals - Traffic and Parking Violations Agency matters | Call 631-450-2515 or E-Mail info@CoryHMorris.com to arrange for an evaluation of your matter (injury, accident, traffic matter, criminal matter or appellate matter).