People ex rel. Broccoli v. Zelker

Appellate Division of the Supreme Court of New York

People ex rel. Broccoli v. Zelker

40 A.D.2d 565, 334 N.Y.S.2d 114, 1972 N.Y. App. Div. LEXIS 4011

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

DecidedJuly 13, 1972

StatusPublished

This text of 40 A.D.2d 565 (People ex rel. Broccoli v. Zelker) 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. Broccoli v. Zelker, 40 A.D.2d 565, 334 N.Y.S.2d 114, 1972 N.Y. App. Div. LEXIS 4011 (N.Y. Ct. App. 1972).

Pincite

Opinion

In a habeas corpus proceeding, the appeal is from a purported judgment of the Supreme Court, Dutchess County, which the notice of appeal states was entered July 2, 1971. It appears that a decision was rendered on June 11, 1971 and that appellant intended to appeal from the judgment thought to have been entered on that decision. However, no such judgment was entered. A subsequent decision was rendered on October 8, 1971, upon reargument, and a judgment thereofi was entered on November 17, 1971, inter alia, giving relator credit, against his prison term, for time served on a different sentence. We deem it proper to view the November judgment as the one from which the appeal was taken. Appeal dismissed as moot, without costs, in view of the fact that relator’s sentence terminated on July 5, 1972. Hopkins, Acting P. J., Munder, Martuscello, Gulotta and Christ, JJ., concur.

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

In a habeas corpus proceeding, the appeal is from a purported judgment of the Supreme Court, Dutchess County, which the notice of appeal states was entered July 2, 1971. It appears that a decision was rendered on June 11, 1971 and that appellant intended to appeal from the judgment thought to have been entered on that decision. However, no such judgment was entered. A subsequent decision was rendered on October 8, 1971, upon reargument, and a judgment thereofi was entered on November 17, 1971, inter alia, giving relator credit, against his prison term, for time served on a different sentence. We deem it proper to view the November judgment as the one from which the appeal was taken. Appeal dismissed as moot, without costs, in view of the fact that relator’s sentence terminated on July 5, 1972. Hopkins, Acting P. J., Munder, Martuscello, Gulotta and Christ, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

40 A.D.2d 565, 334 N.Y.S.2d 114, 1972 N.Y. App. Div. LEXIS 4011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-broccoli-v-zelker-nyappdiv-1972.