Negron v. Herold

Appellate Division of the Supreme Court of New York

Negron v. Herold

34 A.D.2d 1053, 312 N.Y.S.2d 167, 1970 N.Y. App. Div. LEXIS 4350

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

DecidedJune 29, 1970

StatusPublished

Cited by1 cases

This text of 34 A.D.2d 1053 (Negron v. Herold) 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

Negron v. Herold, 34 A.D.2d 1053, 312 N.Y.S.2d 167, 1970 N.Y. App. Div. LEXIS 4350 (N.Y. Ct. App. 1970).

Pincite

Opinion

Reynolds, J. P.

Appeal from an order of the Supreme Court, Clinton County, denying appellant’s application for an order to show cause in a proceeding brought under CPLR article 78 to compel the respondent to provide him with a jury trial to determine his mental status. The denial of an ex parte order to show cause is not appealable (Matter of Karris v. New York State Bd. of Parole, 7 A D 2d 662; Matter of Petmenga [People], 1 A D 2d 919). The appeal is therefore dismissed without prejudice to appellant’s right to seek a jury trial through compliance with the relevant provisions of the Mental Hygiene Law. Appeal dismissed, without costs. Reynolds, J. P., Aulisi, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J. P.

Free access — add to your briefcase to read the full text and ask questions with AI

Reynolds, J. P.

Appeal from an order of the Supreme Court, Clinton County, denying appellant’s application for an order to show cause in a proceeding brought under CPLR article 78 to compel the respondent to provide him with a jury trial to determine his mental status. The denial of an ex parte order to show cause is not appealable (Matter of Karris v. New York State Bd. of Parole, 7 A D 2d 662; Matter of Petmenga [People], 1 A D 2d 919). The appeal is therefore dismissed without prejudice to appellant’s right to seek a jury trial through compliance with the relevant provisions of the Mental Hygiene Law. Appeal dismissed, without costs. Reynolds, J. P., Aulisi, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J. P.

Cite This Page — Counsel Stack

Bluebook (online)

34 A.D.2d 1053, 312 N.Y.S.2d 167, 1970 N.Y. App. Div. LEXIS 4350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/negron-v-herold-nyappdiv-1970.

Opinion

Related

Cite This Page — Counsel Stack