Legal Opinion
People v. Zappula
Justice Court of Village of Muttontown
Decided October 10, 2013Published
1Opinion of the Court
OPINION OF THE COURT
Martin I. Kaminsky, J.
By opinion and order on July 17, 2013 (see People v Zappula, 41 Misc 3d 226 [Muttontown Just Ct 2013]), the court dismissed without prejudice an earlier action against this defendant alleging a speeding violation (per simplified information No. BD73141941) since the People had not served a timely supporting deposition. (People v Nuccio, 78 NY2d 102 [1991] [dismissal for failure to serve a timely supporting deposition does not preclude re-filing of the case]; People v Green, 192 Misc 2d 296 [2002]; People v Rossi, 154 Misc 2d 616, 624 [1992].)
Thereafter…
2Cases cited22 opinions
- Fry v. Village of TarrytownNew York Court of Appeals · 1997
- Macchia v. RussoNew York Court of Appeals · 1986
- People v. NuccioNew York Court of Appeals · 1991
- Grant v. SenkowskiNew York Court of Appeals · 2001
- Ruffin v. LION CORP. & C.New York Court of Appeals · 2010
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