Judge allows West Hempstead man's lawsuit challenging town's school bus ticketing program to go forward 

A lawsuit from a West Hempstead resident challenging the Town of Hempstead’s school bus camera ticketing program is moving forward after a recent judge’s ruling.

The lawsuit filed by Sergey Kadinsky alleges the town "knowingly" misrepresented the facts when it stated a town technician asserted under oath that there was sufficient evidence to show the motorist committed a violation.

According to the complaint, which is seeking class-action status, people are paying fines for "legally insufficient alleged Stop-Arm Violations" and because of the town’s "deceptive acts and practices," the plaintiff and other class members have "sustained economic injury" and deserve relief. 

Technicians, also known as town specialists, are tasked with reviewing recorded images to determine whether a violation has taken place.

Kadinsky says in the suit that video evidence in his case does not show that a bus was stopped to pick up or drop off students or that it had proper markings and equipment.

According to the lawsuit, the notices, or tickets, he received as a result aren't based on sufficient evidence and contain a "false, sworn statement issued by a Town Specialist," affirming under penalty of perjury that the vehicle owner violated the traffic law.

A Nassau Supreme Court justice threw out parts of the lawsuit after Hempstead sought to have it dismissed, but let major claims move forward.

"We are therefore very pleased with the court's decision and hopeful that vehicle owners who were duped will see some form of justice," said Joseph Aron, Kadinsky’s co-counsel.

Brian Devine, a Hempstead town spokesman, declined to comment citing ongoing litigation.

A 2019 state traffic law allows cameras on school buses to be used to take video of motorists who pass school buses that are stopped to let on or drop off students, resulting in $250 fines. 

In 2021, Suffolk County entered a contract with Virginia-based BusPatrol America, the vendor that runs the program there. Nassau does not have a countywide program, but in 2022, the Town of Hempstead also launched a program with BusPatrol.

The state law was amended last spring, adding a "presumption," that when a school bus is stopped, it is to pick up or discharge passengers. It also added a provision that the vehicle used in these cases is legally considered a school bus. 

The amendment followed a 2023 decision by the Appellate Term of the Supreme Court for the 9th and 10th judicial districts that dismissed a Suffolk County driver’s ticket, finding the evidence failed to demonstrate the bus was "properly marked and equipped" and that it was stopped to pick up or discharge passengers, according to the decision.

But Kadinsky’s lawsuit was filed before the amendment was made. In his Oct. 8 order and decision, acting Supreme Court Justice Philippe Solages Jr. wrote that his ruling refers to the version of the traffic law that was in effect when the lawsuit was started, saying "Retroactive operation is not favored by the courts."