In re the Commitment of Brooks

Appellate Division of the Supreme Court of New York

In re the Commitment of Brooks

119 A.D. 780, 104 N.Y.S. 670, 1907 N.Y. App. Div. LEXIS 3248

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

DecidedMay 24, 1907

StatusPublished

Cited by2 cases

This text of 119 A.D. 780 (In re the Commitment of Brooks) 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 the Commitment of Brooks, 119 A.D. 780, 104 N.Y.S. 670, 1907 N.Y. App. Div. LEXIS 3248 (N.Y. Ct. App. 1907).

Pincite

Opinion

Chester, J.:

. There are at least two sufficient reasons why this appeal must be dismissed:

First. The petitioner is in no sense a party aggrieved by the ■ order- appealed from nor does it affect any substantial right of his. Heither his liberty nor any property right of his is affected by such order, and no statute appears giving a petitioner, under such circumstances, a right to appeal. . .

Second. The term of imprisonment of the prisoner has now expired and he has been discharged therefrom.. .Only abstract questions are, therefore, presented for determination if we are to consider the matter on the merits. This we should not be called upon to do. For these reasons the appeal must be dismissed.

All concurred.

Appeal dismissed.

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