People ex rel. Berman v. McDonnell

Appellate Division of the Supreme Court of New York

People ex rel. Berman v. McDonnell

269 A.D. 864, 56 N.Y.S.2d 73, 1945 N.Y. App. Div. LEXIS 4289

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

DecidedJune 25, 1945

StatusPublished

Cited by4 cases

This text of 269 A.D. 864 (People ex rel. Berman v. McDonnell) 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. Berman v. McDonnell, 269 A.D. 864, 56 N.Y.S.2d 73, 1945 N.Y. App. Div. LEXIS 4289 (N.Y. Ct. App. 1945).

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Opinion

The Warden of the City Prison at Raymond Street, Borough of Brooklyn, appearing by the Corporation Counsel of the City of New York, appeals from an order sustaining a writ of habeas corpus sued out by a prisoner in the charge of said warden; and from an order denying a motion to vacate the order sustaining the writ and to remand the prisoner. The District Attorney of Kings County appears and moves that the appeals be dismissed on the ground that the appellant is not an aggrieved party and has no right to appeal. Appeals dismissed, without costs. Under the circumstances here presented, only the People, represented either by the Attorney-General or the District Attorney, may appeal. (Civ. Prac. Act, §§ 1274, 1275; Matter of Quinn, 2 App. Div. 103; People ex rel. Graves v. Davis, 33 App. Div. 636; People ex rel. Friedman v. Kaiser, 228 App. Div. 863.) Close, P. J., Hagarty, Johnston, Adel and Lewis, JJ., concur.

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The Warden of the City Prison at Raymond Street, Borough of Brooklyn, appearing by the Corporation Counsel of the City of New York, appeals from an order sustaining a writ of habeas corpus sued out by a prisoner in the charge of said warden; and from an order denying a motion to vacate the order sustaining the writ and to remand the prisoner. The District Attorney of Kings County appears and moves that the appeals be dismissed on the ground that the appellant is not an aggrieved party and has no right to appeal. Appeals dismissed, without costs. Under the circumstances here presented, only the People, represented either by the Attorney-General or the District Attorney, may appeal. (Civ. Prac. Act, §§ 1274, 1275; Matter of Quinn, 2 App. Div. 103; People ex rel. Graves v. Davis, 33 App. Div. 636; People ex rel. Friedman v. Kaiser, 228 App. Div. 863.) Close, P. J., Hagarty, Johnston, Adel and Lewis, JJ., concur.

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Bluebook (online)

269 A.D. 864, 56 N.Y.S.2d 73, 1945 N.Y. App. Div. LEXIS 4289, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-berman-v-mcdonnell-nyappdiv-1945.

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