O'Mara v. Hanley

Appellate Division of the Supreme Court of New York

O'Mara v. Hanley

51 A.D.2d 888, 380 N.Y.S.2d 400, 1976 N.Y. App. Div. LEXIS 11516

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

DecidedFebruary 24, 1976

StatusPublished

This text of 51 A.D.2d 888 (O'Mara v. Hanley) 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

O'Mara v. Hanley, 51 A.D.2d 888, 380 N.Y.S.2d 400, 1976 N.Y. App. Div. LEXIS 11516 (N.Y. Ct. App. 1976).

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Opinion

Application for writ of prohibition unanimously granted, without costs. Memorandum: Petitioner brings this article 78 proceeding to prohibit the respondent, an acting Supreme Court Justice, from making a writ of habeas corpus returnable before him in Wyoming County. The prisoner, formerly an inmate of Attica Correctional Facility in Wyoming County, has been transferred to Wallkill Correctional Facility in Ulster County. The statute requires that the prisoner must be produced before an appropriate Justice in the county in which the prisoner is detained. (CPLR 7004, subd [c]; Matter of Hogan v Culkin, 18 NY2d 330.) The respondent was without jurisdiction to make the writ returnable in Wyoming County and prohibition is granted. (Article 78 proceeding for a writ of prohibition.) Present—Cardamone, J. P., Simons, Mahoney, Goldman and Witmer, JJ.

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Application for writ of prohibition unanimously granted, without costs. Memorandum: Petitioner brings this article 78 proceeding to prohibit the respondent, an acting Supreme Court Justice, from making a writ of habeas corpus returnable before him in Wyoming County. The prisoner, formerly an inmate of Attica Correctional Facility in Wyoming County, has been transferred to Wallkill Correctional Facility in Ulster County. The statute requires that the prisoner must be produced before an appropriate Justice in the county in which the prisoner is detained. (CPLR 7004, subd [c]; Matter of Hogan v Culkin, 18 NY2d 330.) The respondent was without jurisdiction to make the writ returnable in Wyoming County and prohibition is granted. (Article 78 proceeding for a writ of prohibition.) Present—Cardamone, J. P., Simons, Mahoney, Goldman and Witmer, JJ.

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Bluebook (online)

51 A.D.2d 888, 380 N.Y.S.2d 400, 1976 N.Y. App. Div. LEXIS 11516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/omara-v-hanley-nyappdiv-1976.

Opinion

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