Beach v. Kunken

OPINION OF THE COURT

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 continue to act without, or in excess of, their jurisdiction. Inasmuch as the very jurisdiction and power of the Village Justice Court to hear and determine the…