People v. Stock

• Decision Date: 08 December 1976
• Citation: 88 Misc.2d 1058,390 N.Y.S.2d 367
• Parties: The PEOPLE of the State of New York v. Barbara STOCK, Defendant.
• Court: New York District Court

Page 367

390 N.Y.S.2d 367

88 Misc.2d 1058

The PEOPLE of the State of New York v. Barbara STOCK, Defendant.

District Court, Nassau County, First District, Central Traffic.

Dec. 8, 1976.

Denis Dillon, Dist. Atty., Mineola, for the People.

Harry H. Kutner, Jr., Mineola, for defendant.

DECISION AFTER TRIAL

HAROLD FERTIG, Judge.

Defendant was charged with a violation of Section 415.6(k) of the Long Island State Parks and Recreation Commission Rules and Regulations. At the end of the trial, this Court reserved decision on the defendant's motion for a judgment, dismissing the information on the ground that the defendant was not guilty as a matter of law, and that the Statute, Vehicle and Traffic Law Section 1683(b), is unconstitutional in that it deprives the defendant of due process of law.

The Section in question provides, '415.6 Authorized vehicles * * * (k) Vehicles having any name insignia, or sign painted or displayed thereon for business or advertising purposes are prohibited on parkways except as provided herein. For purposes of identification, name and address only of the owner of the vehicle, on the side thereof, in letters not more than two inches in height, shall not be construed as being displayed for business or advertising purposes. Vehicles owned and operated by governmental agencies, buses permitted to operate on the parkways, and trucks permitted in accordance with subdivision (i) of this section, are excepted from the provisions of this subdivision.'

The defendant operated a passenger vehicle which had attached to its roof a sign advertising the election of a candidate for the Family Court in Nassau County. The only signs that were located at the entrance to the parkway and which the defendant saw, stated 'Passenger Cars Only.'

Section 1683(a) of the Vehicle and Traffic Law provides, 'No ordinance, order, rule or regulation made by any local authority under the powers conferred by this title shall be effective until signs or markings giving notice thereof are posted, except under such conditions as may be authorized in writing by the department of transportation or as otherwise provided in subsection (b) of this section, if the effect of such order, ordinance, rule or regulation is to: . . . 2. Prohibit, restrict or regulate the operation of vehicles on any controlled-access highway or the use of any controlled-access highway by any vehicle, device moved by human power or pedestrian.' Subdivision (b) of that Section provides, 'Such signs shall be required for orders, ordinances, rules, or regulations made by the New York state thruway authority, the office of parks and recreation . . . only insofar as such local authorities in their discretion may deem practicable.'

The New York State Constitution, Article 4, Section 8 provides 'No rule or regulation made by any state department, board, bureau, officer, authority or commission, except such as relates to the organization or internal management of a state department, board, bureau, authority or commission shall be effective until it is filed in the office of the department of state. The legislature shall provide for the speedy publication of such rules and regulations, by appropriate laws.' There is a presumption that the Long Island Parks Commission obeyed this mandate and caused the ordinance in question to be filed (People v. Goldstein, 43 Misc.2d 945, 252 N.Y.S.2d 534), which gave it the effect of law (Park Place-Dodge Corp. v. Collins, 75 Misc.2d 25, 346 N.Y.S.2d 949, aff., 43 A.D.2d 910, 352 N.Y.S.2d 415). The purpose of such filing is to put the public on notice of the existence of such a law where it can be found in one easily available central place (People v. Cull, 10 N.Y.2d 123, 128, 218 N.Y.S.2d 38, 41--42, 176 N.Y.S.2d 495, 497--498).

The...