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MATTER OF SENA v. ZITTELL

81 A.D.2d 245 (1981)

In the Matter of Douglas W. Sena, Petitioner, v. Warren E. Zittell, as Judge of the County Court of Columbia County, et al., Respondents

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

June 18, 1981

Attorney(s) appearing for the Case

Moran, Spiegel, Palmer, Pergament & Brown (Edward A. Gabel, III, of counsel), for petitioner.

Robert Abrams, Attorney-General (Carl Stephan and Shirley Adelson Siegel of counsel), for Warren E. Zittell, respondent.

Charles E. Inman, District Attorney (Allen C. Miller, Jr., of counsel), respondent pro se.

MAIN, J. P., CASEY, WEISS and HERLIHY, JJ., concur.

YESAWICH, JR., J.

At about 4:00 P.M. on May 31, 1980, petitioner was the driver of a vehicle involved in a one-car accident in the Town of Chatham, Columbia County, New York. A passenger died at the accident scene. That same day, following an investigation into the circumstances by the Sheriff's Department, simplified traffic informations were issued charging petitioner with driving while intoxicated in violation...

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