In re McCloskey

Appellate Division of the Supreme Court of New York

In re McCloskey

285 A.D. 1186, 141 N.Y.S.2d 229, 1955 N.Y. App. Div. LEXIS 7102

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

DecidedMay 31, 1955

StatusPublished

This text of 285 A.D. 1186 (In re McCloskey) 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

In re McCloskey, 285 A.D. 1186, 141 N.Y.S.2d 229, 1955 N.Y. App. Div. LEXIS 7102 (N.Y. Ct. App. 1955).

Pincite

Opinion

Application by the Sheriff of the City of New York for an order pursuant to section 508 of the Correction Law, to transfer appellant from the Sheriff’s New York County Civil Jail to the tuberculosis ward of Rikers Island Hospital or, in the alternative, for an order pursuant to section 775 of the Judiciary Law, to direct appellant’s discharge from imprisonment if the court shall find that he is in such a state of health as to be unable to endure the imprisonment. Order granting the application to the extent of directing appellant’s transfer to said hospital until he has sufficiently recovered from his illness to be safely returned to said jail reversed, without costs, and appellant discharged from custody. Under the circumstances of this ease, the refusal to grant relief under section 775 of the Judiciary Law was an improvident exercise of discretion. In any event, the question is now academic for, in view of the decision in Gruttemeyer v. Gruttemeyer (ante, p. 1185), decided herewith, appellant is entitled to be released from custody. Nolan, P. J., Wenzel, MacCrate, Schmidt and Ughetta, JJ., concur.

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Application by the Sheriff of the City of New York for an order pursuant to section 508 of the Correction Law, to transfer appellant from the Sheriff’s New York County Civil Jail to the tuberculosis ward of Rikers Island Hospital or, in the alternative, for an order pursuant to section 775 of the Judiciary Law, to direct appellant’s discharge from imprisonment if the court shall find that he is in such a state of health as to be unable to endure the imprisonment. Order granting the application to the extent of directing appellant’s transfer to said hospital until he has sufficiently recovered from his illness to be safely returned to said jail reversed, without costs, and appellant discharged from custody. Under the circumstances of this ease, the refusal to grant relief under section 775 of the Judiciary Law was an improvident exercise of discretion. In any event, the question is now academic for, in view of the decision in Gruttemeyer v. Gruttemeyer (ante, p. 1185), decided herewith, appellant is entitled to be released from custody. Nolan, P. J., Wenzel, MacCrate, Schmidt and Ughetta, JJ., concur.

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Bluebook (online)

285 A.D. 1186, 141 N.Y.S.2d 229, 1955 N.Y. App. Div. LEXIS 7102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mccloskey-nyappdiv-1955.