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VILL. OF SOUTHAMPTON v. PLATT

55 A.D.2d 603 (1976)

Village of Southampton, Appellant-Respondent, v. Elaine Platt, Respondent-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 6, 1976

Order and judgment affirmed, without costs or disbursements.

Special Term properly dismissed the complaint on plaintiff's motion for partial summary judgment. A civil action to recover a penalty involves a punishment and is, therefore, quasi-criminal (Incorporated Vil. of Laurel Hollow v Laverne, 24 A.D.2d 615). It is elementary that, in a criminal proceeding, due process requires that the defendant be given notice of the...

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