In re Mullen

Appellate Division of the Supreme Court of New York

In re Mullen

263 A.D. 957, 32 N.Y.S.2d 958, 1942 N.Y. App. Div. LEXIS 7596

Appellate Division of the Supreme Court of the State of New York·Decided February 9, 1942·Published

Opinion

Motion to dismiss appeal granted, without costs, and appeal dismissed, without costs. The appellant has mistaken his remedy. Under the facts here present an appeal will not lie from an order dismissing a petition to punish for criminal contempt. The remedy is by certiorari. (Matter of Douglas v. Adel, 269 N. Y. 144; People ex rel. Taylor v. Forbes, 143 id. 219.) Present — Hagarty, Carswell, Johnston, Taylor and Close, JJ.

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Motion to dismiss appeal granted, without costs, and appeal dismissed, without costs. The appellant has mistaken his remedy. Under the facts here present an appeal will not lie from an order dismissing a petition to punish for criminal contempt. The remedy is by certiorari. (Matter of Douglas v. Adel, 269 N. Y. 144; People ex rel. Taylor v. Forbes, 143 id. 219.) Present — Hagarty, Carswell, Johnston, Taylor and Close, JJ.

In re Mullen, 263 A.D. 957, 32 N.Y.S.2d 958, 1942 N.Y. App. Div. LEXIS 7596 (N.Y. Ct. App. 1942).

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Opinion

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