People ex rel. Fanoli v. Herold

Appellate Division of the Supreme Court of New York

People ex rel. Fanoli v. Herold

33 A.D.2d 1077, 307 N.Y.S.2d 713, 1970 N.Y. App. Div. LEXIS 5467

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

DecidedFebruary 20, 1970

StatusPublished

This text of 33 A.D.2d 1077 (People ex rel. Fanoli 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

People ex rel. Fanoli v. Herold, 33 A.D.2d 1077, 307 N.Y.S.2d 713, 1970 N.Y. App. Div. LEXIS 5467 (N.Y. Ct. App. 1970).

Pincite

Opinion

Reynolds, J.

Appeal from a judgment of the Supreme Court, Clinton County, entered July 9, 1969, denying an application for a writ of habeas corpus without a hearing. Special Term in denying the application presumed that there had been compliance with section 383 of the Correction Law. The reason for Special Term’s uncertainty was that appellant’s petition does not comply with CPLR 7002 (subd. [c], par. 1) in that the mandate under which he is confined was not annexed. Accordingly, the petition was properly denied (People ex rel. Gantz v. Herold, 24 A D 2d 776, mot. for Iv. to app. den. 17 N Y 2d 420). We pass on no further issues raised by appellant at this time. Judgment affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.

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

Reynolds, J.

Appeal from a judgment of the Supreme Court, Clinton County, entered July 9, 1969, denying an application for a writ of habeas corpus without a hearing. Special Term in denying the application presumed that there had been compliance with section 383 of the Correction Law. The reason for Special Term’s uncertainty was that appellant’s petition does not comply with CPLR 7002 (subd. [c], par. 1) in that the mandate under which he is confined was not annexed. Accordingly, the petition was properly denied (People ex rel. Gantz v. Herold, 24 A D 2d 776, mot. for Iv. to app. den. 17 N Y 2d 420). We pass on no further issues raised by appellant at this time. Judgment affirmed, without costs. Herlihy, P. J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur in memorandum by Reynolds, J.

Cite This Page — Counsel Stack

Bluebook (online)

33 A.D.2d 1077, 307 N.Y.S.2d 713, 1970 N.Y. App. Div. LEXIS 5467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-fanoli-v-herold-nyappdiv-1970.