Hoesl v. Kearns

OPINION OF THE COURT

Arthur D. Spatt, J.

This is a proceeding under CPLR article 78 wherein petitioner, a police officer and president of the Garden City Police Benevolent Association, seeks a judgment, purportedly in the nature of prohibition, barring respondent, chief of the Garden City Police Department, from permitting "Special Police Officers” of the Village of Garden City from driving police department vehicles. Petitioner contends that the use of departmental vehicles bearing police markings by such "Special Police Officers” is violative of subdivision 2 of section 396 of the Vehicle and…