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MATTER OF BEACH v. KUNKEN

162 Misc.2d 381 (1994)

616 N.Y.S.2d 721

In the Matter of Matthew J. Beach, Petitioner, v. Stephen Kunken, as Justice of the Incorporated Village of Huntington Bay, et al., Respondents.

Supreme Court, Suffolk County.

September 13, 1994

Attorney(s) appearing for the Case

Raskin, Haas & Poli, Huntington (John G. Poli, III, of counsel), for petitioner. Cahn, Wishod & Lamb, Melville (Richard C. Cahn of counsel), for Stephen Kunken and another, respondents. James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead, pro se, and Ronald E. Lipetz for James Catterson, Jr., respondent.

ALAN D. OSHRIN, J.

This is a CPLR article 78 proceeding to prohibit the Village Prosecutor of the Incorporated Village of Huntington Bay from prosecuting and the Village Justice Court of the Incorporated Village of Huntington Bay from hearing and determining the misdemeanor driving while intoxicated offenses presently filed in such court against the petitioner on the ground that the respondents have acted and...

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