MATTER OF HOGG v. PARKER


20 A.D.2d 611 (1963)

In the Matter of John S. Hogg, Respondent, v. William B. Parker, as Justice of the Peace of The Town of Richfield, et al., Appellants

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

December 27, 1963


Petitioner, charged with a traffic infraction, upon arraignment before the respondent as Justice of the Peace, demanded an immediate trial. The Justice over petitioner's objection adjourned the case. In this article 78 proceeding addressed to the power of the Justice to grant the adjournment the Special Term prohibited further proceedings in the Justices' Court. The Justice had jurisdiction of the defendant and of the offense and consequently had power to adjourn the case...

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