People ex rel. Battle v. Johnston

Appellate Division of the Supreme Court of New York

People ex rel. Battle v. Johnston

9 A.D.2d 828, 192 N.Y.S.2d 662, 1959 N.Y. App. Div. LEXIS 6187

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

DecidedNovember 13, 1959

StatusPublished

This text of 9 A.D.2d 828 (People ex rel. Battle v. Johnston) 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

People ex rel. Battle v. Johnston, 9 A.D.2d 828, 192 N.Y.S.2d 662, 1959 N.Y. App. Div. LEXIS 6187 (N.Y. Ct. App. 1959).

Pincite

Opinion

Appeal from a decision denying, without a hearing, an application for a writ of habeas corpus on the grounds that petitioner was not entitled to the relief sought and for nonconformity with the provisions of article 77 of the Civil Practice Act. An examination of the record shows that no order denying the application was entered but that relator seeks to appeal from a decision of Mr. Justice Ryan, dated May 1, 1959, and it is further evident that the record is defective as the notice of appeal is not dated and it is therefore impossible to tell whether it was filed within the prescribed time. For these procedure defects, the appeal must be dismissed upon its merits. Appeal dismissed, without costs. Foster, P. J., Bergan, Coon, Herlihy and Reynolds, JJ., concur.

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

Appeal from a decision denying, without a hearing, an application for a writ of habeas corpus on the grounds that petitioner was not entitled to the relief sought and for nonconformity with the provisions of article 77 of the Civil Practice Act. An examination of the record shows that no order denying the application was entered but that relator seeks to appeal from a decision of Mr. Justice Ryan, dated May 1, 1959, and it is further evident that the record is defective as the notice of appeal is not dated and it is therefore impossible to tell whether it was filed within the prescribed time. For these procedure defects, the appeal must be dismissed upon its merits. Appeal dismissed, without costs. Foster, P. J., Bergan, Coon, Herlihy and Reynolds, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

9 A.D.2d 828, 192 N.Y.S.2d 662, 1959 N.Y. App. Div. LEXIS 6187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-battle-v-johnston-nyappdiv-1959.