Opinion
Argued October 2, 2000.
October 30, 2000.
In a proceeding pursuant to CPLR article 78 to compel dismissal of ticket number OA57862420, charging the petitioner with speeding, on the ground that the complainant officer failed to provide a supporting deposition pursuant to CPL 100.25(2), the petitioner appeals from a judgment of the Supreme Court, Suffolk County (Catterson, J.), dated January 4, 2000, which denied the petition and dismissed the proceeding.
Steven L. Levitt Associates, P.C., Williston Park, N.Y. (James J. Daw, Jr. and Eddy Salcedo of counsel), for appellant.
Eliot Spitzer, Attorney-General, New York, N.Y. (Edward Johnson and Carol Fischer of counsel), for respondent Richard E. Jackson, Jr., Commissioner of the New York State Department of Motor Vehicles.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, GLORIA GOLDSTEIN, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with costs, and the stay of proceedings relating to the prosecution of ticket number OA57862420 is vacated forthwith.
The procedural requirements of CPL 100.25(2) are inapplicable to the prosecution by the Traffic Violations Division of the Department of Motor Vehicles of the petitioner for speeding (see, Matter of Miller v. Schwartz, 128 A.D.2d 783, affd 72 N.Y.2d 869; Matter of Sulli v. Appeals Bd. of Administrative Adjudication Bur., 55 A.D.2d 457). The petitioner's remaining contentions are without merit (see, Matter of Rosenthal v. Hartnett, 36 N.Y.2d 269, 274).