Beach v. Kunken

Appellate Division of the Supreme Court of New York

Beach v. Kunken

224 A.D.2d 684, 638 N.Y.S.2d 917, 1996 N.Y. App. Div. LEXIS 1905

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 26, 1996

StatusPublished

This text of 224 A.D.2d 684 (Beach v. Kunken) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beach v. Kunken, 224 A.D.2d 684, 638 N.Y.S.2d 917, 1996 N.Y. App. Div. LEXIS 1905 (N.Y. Ct. App. 1996).

Pincite

Opinion

—In a proceeding pursuant to CPLR article 78 to prohibit the respondents from proceeding with the prosecution of the petitioner on the ground that the crime of driving while intoxicated as a misdemeanor cannot be prosecuted in a Village Justice Court, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Oshrin, J.), dated September 13, 1994, which dismissed the proceeding (Matter of Beach v Kunken, 162 Mise 2d 381).

Ordered that the appeal is dismissed as academic, without costs or disbursements.

After the judgment appealed from was issued, upon the petitioner’s application the matter was transferred to the First District Court of Suffolk County. Accordingly, the instant appeal is academic. Santucci, J. P., Krausman, Goldstein and Florio, JJ., concur.

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—In a proceeding pursuant to CPLR article 78 to prohibit the respondents from proceeding with the prosecution of the petitioner on the ground that the crime of driving while intoxicated as a misdemeanor cannot be prosecuted in a Village Justice Court, the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Oshrin, J.), dated September 13, 1994, which dismissed the proceeding (Matter of Beach v Kunken, 162 Mise 2d 381).

Ordered that the appeal is dismissed as academic, without costs or disbursements.

After the judgment appealed from was issued, upon the petitioner’s application the matter was transferred to the First District Court of Suffolk County. Accordingly, the instant appeal is academic. Santucci, J. P., Krausman, Goldstein and Florio, JJ., concur.

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Bluebook (online)

224 A.D.2d 684, 638 N.Y.S.2d 917, 1996 N.Y. App. Div. LEXIS 1905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beach-v-kunken-nyappdiv-1996.