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MATTER OF SWANSBROUGH v. SUMMERS

34 Misc.2d 265 (1962)

In the Matter of the Application of Richard L. Swansbrough, Petitioner, v. Ronald J. Summers, Individually and as a Justice of the Court of Special Sessions, Town of Perinton, Respondent.

Supreme Court, Special Term, Monroe County.

April 27, 1962

Attorney(s) appearing for the Case

Donald Spadone for petitioner. John J. Conway, Jr., District Attorney (Kenneth J. Smith of counsel), for respondent.

CLARENCE J. HENRY, J.

This is an application whereby the petitioner seeks an order, under article 78 of the Civil Practice Act, prohibiting the respondent, as Magistrate presiding over a Court of Special Sessions of the Town of Perinton, Monroe County, from continuing jurisdiction over a criminal matter in which the petitioner is charged with leaving the scene of an accident, in violation of section 600 of the Vehicle and Traffic Law.

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