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MTR. OF FLAHAVAN v. ALLEN

51 Misc.2d 1063 (1966)

In the Matter of Diane M. Flahavan, Petitioner, v. Norman Allen, as Police Justice of the Village of McGraw, Respondent.

Supreme Court, Special Term, Cortland County.

November 9, 1966

Attorney(s) appearing for the Case

Michael Lo Pinto for petitioner. Robert E. Jones, District Attorney (Charles J. Mullen of counsel), for respondent.

HOWARD A. ZELLER, J.

By this article 78 CPLR type of proceeding, petitioner seeks an order prohibiting respondent from trying petitioner on a charge of speeding. The material facts are not in dispute.

Petitioner was personally served with a uniform traffic ticket charging her with speeding 45 miles an hour in a 30-mile-an-hour speed zone in the Village of McGraw on September 9, 1966 at 10:00 P.M. The...

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