Doran v. District Court of Nassau County

• Decision Date: 19 January 1965
• Citation: 45 Misc.2d 212,256 N.Y.S.2d 416
• Parties: Application of Ronald DORAN, Petitioner, for an Order of Restraint v. The DISTRICT COURT OF the COUNTY OF NASSAU, Hon. B. Thomas Pantano, Presiding Judge thereof, and all Judges of that Court, Individually and as Judges thereof, and William Cahn, District Attorney of Nassau County, Respondents.
• Court: New York Supreme Court

Page 416

256 N.Y.S.2d 416

45 Misc.2d 212

Application of Ronald DORAN, Petitioner, for an Order of Restraint v. The DISTRICT COURT OF the COUNTY OF NASSAU, Hon. B. Thomas Pantano, Presiding Judge thereof, and all Judges of that Court, Individually and as Judges thereof, and William Cahn District Attorney of Nassau County, Respondents.

Supreme Court, Special Term, Nassau County, Part I.

Jan. 19, 1965.

James P. Edstrom, Glen Cove, for petitioner.

Jack B. Weinstein, County Atty., Mineola, for respondents.

William Cahn, Dist. Atty., of Nassau County, Mineola.

EDWARD ROBINSON, Jr., Justice.

This is a proceeding under Article 78 of the CPLR in the nature of an application for a writ of prohibition enjoining and restraining the District Court of the County of Nassau and all of its Judges, and the District Attorney of Nassau County from taking any further proceedings in the District Court of Nassau County on an information filed in that Court, charging the petitioner with a violation of § 1192, subd. 2 of the Vehicle and Traffic Law of the State of New York, in that he did operate an automobile on Forest Avenue, a public highway in the City of Glen Cove, and within the County of Nassau, while in an intoxicated condition as provided in the section. The charge is a misdemeanor.

The petition alleges that while acting as a patrolman in the City of Glen Cove on December 26, 1964, and while operating a motor patrol, his car was involved in an accident. That shortly thereafter he was taken into custody at the direction of the Chief of Police of the City of Glen Cove, was subjected to a blood test for the purpose of determining his sobriety, and as a result thereof suspended from the force. He states that he was released from custody that night although he had made demand to be arraigned in the City of Glen Cove, before the City Judge sitting as a Court of Special Sessions. He complains that on the following Thursday an information was filed by the police authorities in the First District Court of Nassau County and a warrant issued for his arrest on the charge above referred to. Upon being taken into custody upon such warrant, he demanded again to be arraigned in the City Court of the City of Glen Cove. The arresting officers, in compliance with the terms of the warrant, arraigned him in the District Court of Nassau County. He claims that these actions were in violation of his constitutional rights. In support of his position the petitioner alleges that the District Court of the County of Nassau is illegally constituted and is contrary to Article 6, § 16, of the Constitution of the State of New York, in that such Article (§ 16, subd. b) provides that 'No law establishing the district court for an entire county shall become effective unless approved at a general election * * *', and that there was no such approval in connection with the establishment of the District Court in the County of Nassau as now established, and constituted.

The District Court of the County of Nassau was first provided for by Chapter 879, Laws of 1936. This Act of the Legislature provided for an alternate form of government in any county which adopted the Act. Such law provided for the organization and establishment of a County District Court--an inferior court having civil and criminal jurisdiction. A general referendum was held in the County of Nassau as a result of which the people of the county approved, ratified and adopted the form of government as provided by said Chapter 879, Laws of 1936. By Chapter 274, Laws of 1939, the Legislature enacted the Nassau County District Court Act in order to implement and carry out the provisions of Chapter 879, Laws of 1936 as adopted in the referendum. Section 230 of said Nassau County District Court Act provided that the Judges of the District Court might hold Courts of Special Sessions within the County and that as such Courts of Special Sessions should have original and exclusive jurisdiction of all misdemeanors committed within the County. By Chapter 565, Laws of 1963, effective April 23, 1963, the Legislature adopted what is known as the Uniform District Court Act. This Act provided for the jurisdiction and the practice and procedure in each District Court governed by the Uniform District Court Court Act. At the time of the adoption of this Act the Nassau County District Court was still governed by the Nassau County District Court Act as to jurisdiction practice and procedure. By Chapter 568, Laws of 1963, the Legislature repealed the Nassau County District Court Act and amended the County Government Law which had established the District Court of ...