Coville v. Bennett

On December 11, 1967 petitioner was issued a uniform traffic ticket charging him with speeding in the Town of Phelps, Ontario County, in violation of subdivision (d) of section 1180 of the Vehicle and Traffic Law. The ticket directed him to appear before the respondent, a Justice of the Peace of .the Town of Phelps “ on the 22 day of Dec 1967 at Mail 7 PM ”. The petitioner appeared in person on the return date and concededly the Justice was not present and the court was not in session on that evening. Petitioner left a note stating that he had appeared and on December 23 the respondent wrote…