People v. Fatsis

OPINION OF THE COURT

Arnold P. Etelson, J.

Defendant moves to dismiss her speeding charge contending that she appeared at the time and date directed in her appearance ticket and the court was not in session. The ticket was returnable on a Sunday evening.

Defendant cites Matter of Abbott v Rose (40 Misc 2d 64) and Matter of Bennett v Mannix (30 Misc 2d 613) as her authority for the dismissal.

*173The Abbott case (supra) was decided in 1963 in a mandamus proceeding in Supreme Court filed to prevent a Justice of the Peace from conducting further proceedings in the case. It stood for the proposition that…