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MATTER OF DE VITO v. AYLWARD

77 Misc.2d 524 (1974)

In the Matter of Kay F. De Vito, Petitioner, v. John Aylward, as City Court Judge of the City of Watertown, et al.. Respondents.

Supreme Court, Jefferson County.

April 5, 1974

Attorney(s) appearing for the Case

William J. McClusky for petitioner. Kenneth W. Brett, Corporation Counsel, for John Aylward and another, respondents. Paul J. Dierdorf, Assistant District Attorney, for John Bastian, respondent.

J. ROBERT LYNCH, J.

The petitioner has a jury trial pending in the City Court of Watertown on the charge of driving while intoxicated. By this motion she seeks under article 78 of the CPLR, to restrain the City Judge, Acting City Judge and the District Attorney from proceeding further, asserting that the City Court has lost jurisdiction of the action for the following reasons: (1) that she has been denied her...

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