Opinion
February 8, 1982
Appeal from the Justice Court of the Town of Ramapo, Rockland County, ARNOLD P. ETELSON, J.
Granik, Silverman, Sandberg, Kirschner, Campbell Nowicki ( David W. Silverman and Carolyn A.M. Campe of counsel), for appellant.
Kenneth Gribetz, District Attorney ( John S. Edwards of counsel), for respondent.
MEMORANDUM.
Judgment of conviction unanimously reversed, on the law, accusatory instrument dismissed and fine remitted.
We are in agreement with the position adopted by the court in the case of People v Bromley ( 85 Misc.2d 988, 990) to the effect that section 210.45 Penal of the Penal Law is only applicable to situations where a specific authorization exists for the use of an affirmation in place of a notarized form (see, also, 3 CJI, p 1538). In the case at bar, we find no specific statute authorizing the use of the form notice. Accordingly, the judgment of conviction should be reversed. We are mindful of the case of People v Joseph ( 173 Misc. 410) construing the predecessor statute to section 210.45 Penal of the Penal Law. To the extent that said case indicates views contrary to the one adopted herein, we decline to follow it.
FARLEY, P.J., GEILER and DIPAOLA, JJ., concur.