People ex rel. Fardan v. Kuhlmann

Appellate Division of the Supreme Court of New York

People ex rel. Fardan v. Kuhlmann

212 A.D.2d 924, 623 N.Y.S.2d 174, 1995 N.Y. App. Div. LEXIS 1601

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

DecidedFebruary 16, 1995

StatusPublished

This text of 212 A.D.2d 924 (People ex rel. Fardan v. Kuhlmann) 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. Fardan v. Kuhlmann, 212 A.D.2d 924, 623 N.Y.S.2d 174, 1995 N.Y. App. Div. LEXIS 1601 (N.Y. Ct. App. 1995).

Pincite

Opinion

—Appeal from a judgment of the Supreme Court (Kane, J.), entered April 19, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

[925]*925We find no reason to disagree with Supreme Court’s dismissal of petitioner’s application for a writ of habeas corpus. It is well settled that a habeas corpus proceeding is not applicable where full relief may be obtained through other more appropriate means. In the absence of proof warranting a departure from traditional orderly procedures, Supreme Court properly dismissed petitioner’s request for habeas corpus relief.

Cardona, P. J., Mikoll, Mercure, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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—Appeal from a judgment of the Supreme Court (Kane, J.), entered April 19, 1994 in Sullivan County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing.

[925]*925We find no reason to disagree with Supreme Court’s dismissal of petitioner’s application for a writ of habeas corpus. It is well settled that a habeas corpus proceeding is not applicable where full relief may be obtained through other more appropriate means. In the absence of proof warranting a departure from traditional orderly procedures, Supreme Court properly dismissed petitioner’s request for habeas corpus relief.

Cardona, P. J., Mikoll, Mercure, Casey and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

212 A.D.2d 924, 623 N.Y.S.2d 174, 1995 N.Y. App. Div. LEXIS 1601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-fardan-v-kuhlmann-nyappdiv-1995.