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MATTER OF JAEGER v. JOHNSON

38 A.D.2d 780 (1972)

In the Matter of Gerald S. Jaeger, Respondent, v. John L. Johnson, a Town Justice of The Town of Henrietta, et al., Appellants

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

January 13, 1972

Judgment unanimously reversed, without costs and proceeding dismissed.

Memorandum:

Petitioner was arrested on April 26, 1969 and charged with driving while intoxicated in violation of section 1192 of the Vehicle and Traffic Law. After several adjournments, petitioner on December 4, 1969 demanded a jury trial which the Town Justice scheduled for January 19, 1970. In this proceeding for prohibition, Special Term held that jurisdiction over petitioner was lost...

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