Ryan v. Smith

OPINION OF THE COURT

Loren N. Brown, J.

By order to show cause, dated March 11, 1988, and supporting papers, the petitioner seeks an order setting aside the suspension of the petitioner’s motor vehicle operator’s license by Schenectady Police Court Justice Louise H. Smith. The court will treat all papers as timely served.

On February 3, 1988, the petitioner was arraigned on the *152charge of driving while intoxicated (Vehicle and Traffic Law § 1192 [2], [3]) before Justice Smith, and at that time, pursuant to Vehicle and Traffic Law § 510 (3), his license was suspended pending prosecution. The…