Santacrose v. Bean

This is an application pursuant to article 78 of the CPLR for an order of prohibition against Donald Bean, Justice of the Peace of the Town of Augusta, Oneida County, New York, restraining such Justice from further proceeding in any manner in respect to the petitioner’s arrest for an alleged violation of section 1180 (subd. [b], par. 2) of the Vehicle and Traffic Law (speeding) upon the ground that such Justice divested himself of jurisdiction by granting a *168further adjournment of the trial of the action over the objection of the petitioner.

The petitioner was arrested June 2, 1964 and charged…