Corrupted red-light camera data could delay refunds in Suffolk case
The county has asked a vendor for driver data from 2013 through Jan. 2023, when the county stopped charging the extra fee on top of $50 red light camera tickets. Credit: Steve Pfost
Suffolk County said it has lost access to data on who paid fines and extra fees for its now-defunct red light camera program after a thumb drive containing the data became "corrupted."
If it can’t be found, the loss of data could delay or complicate a class-action case seeking reimbursement for drivers who paid the $30 ticket fees, which an appellate division court ruled illegal in November, according to David Raimondo, an attorney representing the drivers in the case.
In a Wednesday court filing, Drew Schirmer, an assistant Suffolk County attorney, wrote, "After searching my file for the flash drive, which I had forgotten about since receiving it in November 2020, I was able to locate it. However, our IT department determined that the data on this flash drive is corrupted and cannot be restored."
At stake is how drivers get reimbursed for at least a portion of the $30 fee — the amount, timing and mechanism of which is yet to be determined.
The county said it has asked a vendor for driver data from 2013 through January 2023, when the county stopped charging the extra fee on top of $50 red light camera tickets.
New Jersey-based Conduent handled the contract until May 2024, when it sold the subsidiary with the contract to Modaxo, which is based in Canada.
When Newsday contacted Conduent on Thursday, it referred questions to Modaxo. A spokeswoman for Modaxo wrote in an email that the company "typically [does] not discuss details of engagements with our customers without their express permission."
Mike Martino, a spokesman for Suffolk, said the county would not comment on the case or the thumb drive. The litigation related to the red-light camera program began under County Executive Steve Bellone, who preceded Edward P. Romaine, the current executive.
Meanwhile, Suffolk County is still fighting the appellate division court’s ruling. On Jan. 13 it filed a motion to reargue its appeal before the Court of Appeals — New York State’s highest court.
At a status conference Thursday that was closed to the public, Judge David T. Reilly of Suffolk County Supreme Court gave the county 45 days to produce the data, according to Raimondo.
The county had previously told the court it had the data, according to hearing transcripts.
"They don't have the data, and they misrepresented to the court and to us that they had it or had the ability to get it," Raimondo told Newsday.
Until 2022, Suffolk charged a $30 administration fee for each red-light camera violation on top of a $50 base fine. However, it stopped issuing the extra fee after the county court ruled the extra fee violated a state law setting the maximum fine at $50.
An appellate division court affirmed the lower court’s decision in November, then sent the case back down to county court to handle restitution. The county court granted the plaintiffs class status in December. Suffolk County completely ended its red-light camera program that same month after state and county legislators failed to renew it.
As a class-action case, each driver who paid an administrative fee would be entitled to restitution from the county, rather than having to submit claims to the county individually. But reimbursing drivers for the fees they paid could be difficult if the county does not have the data, Raimondo said.
Though class-action lawsuits often entail hefty legal fees that cut into the restitution received by victims, Raimondo said he was determined to give drivers their fair share.
"My hope is that every ticket holder will receive back what they paid," he said. "Without knowing who the ticket holders are, how much has been paid, what the interest is, we can't really calculate how much is going back. I don't want it to be a situation where people get back a fraction of what they paid."
Nassau County also has an ongoing case on red-light camera fees. Nassau charged drivers $100 in fees until the appellate division court’s ruling in November. The case has returned to Nassau County Supreme Court, which has not granted class status.
This story has been updated to correct the Suffolk County attorney who found the corrupted thumb drive.
Suffolk County said it has lost access to data on who paid fines and extra fees for its now-defunct red light camera program after a thumb drive containing the data became "corrupted."
If it can’t be found, the loss of data could delay or complicate a class-action case seeking reimbursement for drivers who paid the $30 ticket fees, which an appellate division court ruled illegal in November, according to David Raimondo, an attorney representing the drivers in the case.
In a Wednesday court filing, Drew Schirmer, an assistant Suffolk County attorney, wrote, "After searching my file for the flash drive, which I had forgotten about since receiving it in November 2020, I was able to locate it. However, our IT department determined that the data on this flash drive is corrupted and cannot be restored."
At stake is how drivers get reimbursed for at least a portion of the $30 fee — the amount, timing and mechanism of which is yet to be determined.
The county said it has asked a vendor for driver data from 2013 through January 2023, when the county stopped charging the extra fee on top of $50 red light camera tickets.
New Jersey-based Conduent handled the contract until May 2024, when it sold the subsidiary with the contract to Modaxo, which is based in Canada.
When Newsday contacted Conduent on Thursday, it referred questions to Modaxo. A spokeswoman for Modaxo wrote in an email that the company "typically [does] not discuss details of engagements with our customers without their express permission."
Mike Martino, a spokesman for Suffolk, said the county would not comment on the case or the thumb drive. The litigation related to the red-light camera program began under County Executive Steve Bellone, who preceded Edward P. Romaine, the current executive.
Meanwhile, Suffolk County is still fighting the appellate division court’s ruling. On Jan. 13 it filed a motion to reargue its appeal before the Court of Appeals — New York State’s highest court.
At a status conference Thursday that was closed to the public, Judge David T. Reilly of Suffolk County Supreme Court gave the county 45 days to produce the data, according to Raimondo.
The county had previously told the court it had the data, according to hearing transcripts.
"They don't have the data, and they misrepresented to the court and to us that they had it or had the ability to get it," Raimondo told Newsday.
Until 2022, Suffolk charged a $30 administration fee for each red-light camera violation on top of a $50 base fine. However, it stopped issuing the extra fee after the county court ruled the extra fee violated a state law setting the maximum fine at $50.
An appellate division court affirmed the lower court’s decision in November, then sent the case back down to county court to handle restitution. The county court granted the plaintiffs class status in December. Suffolk County completely ended its red-light camera program that same month after state and county legislators failed to renew it.
As a class-action case, each driver who paid an administrative fee would be entitled to restitution from the county, rather than having to submit claims to the county individually. But reimbursing drivers for the fees they paid could be difficult if the county does not have the data, Raimondo said.
Though class-action lawsuits often entail hefty legal fees that cut into the restitution received by victims, Raimondo said he was determined to give drivers their fair share.
"My hope is that every ticket holder will receive back what they paid," he said. "Without knowing who the ticket holders are, how much has been paid, what the interest is, we can't really calculate how much is going back. I don't want it to be a situation where people get back a fraction of what they paid."
Nassau County also has an ongoing case on red-light camera fees. Nassau charged drivers $100 in fees until the appellate division court’s ruling in November. The case has returned to Nassau County Supreme Court, which has not granted class status.
This story has been updated to correct the Suffolk County attorney who found the corrupted thumb drive.
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