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

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

DecidedFebruary 9, 1942

StatusPublished

This text of 263 A.D. 957 (In re Mullen) 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 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

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.

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Bluebook (online)

263 A.D. 957, 32 N.Y.S.2d 958, 1942 N.Y. App. Div. LEXIS 7596, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mullen-nyappdiv-1942.

Opinion

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