Opinion
November 16, 1979
Appeal from the Erie Supreme Court.
Present — Simons, J.P., Hancock, Jr., Schnepp, Doerr and Moule, JJ.
Judgment unanimously reversed, without costs, and petition dismissed. Memorandum: Petitioner commenced this article 78 proceeding to compel respondents to order the police officer who issued two traffic summonses to provide him with a supporting deposition pursuant to CPL 100.25 (subd 2). Respondents appeal from the judgment of Special Term which granted the petition. The judgment must be reversed and the petition dismissed. The summons in question was issued in the City of Buffalo, making article 2-A of the Vehicle and Traffic Law applicable (Vehicle and Traffic Law, § 225). The procedural requirements with respect to supporting depositions as provided by the Criminal Procedure Law are not applicable to summonses issued for traffic infractions under article 2-A of the Vehicle and Traffic Law (Matter of Sulli v Appeals Bd. of Admin. Adjudication Bur., 55 A.D.2d 457).