Swansbrough v. Summers

This is an application whereby the petitioner seeks an order, under article 78 of the Civil Practice Act, prohibiting the respondent, as Magistrate presiding over a Court of Special Sessions of the Town of Perinton, Monroe County, from continuing jurisdiction over a criminal matter in which the petitioner is charged with leaving the scene of an accident, in violation of section 600 of the Vehicle and Traffic Law.

The pertinent facts derived from the arguments and papers submitted indicate that the petitioner was arraigned before the respondent on the above charge on December 28,1961, and, upon…