People ex rel. Hunter v. Zelker

Appellate Division of the Supreme Court of New York

People ex rel. Hunter v. Zelker

41 A.D.2d 970, 343 N.Y.S.2d 1015, 1973 N.Y. App. Div. LEXIS 4353

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

DecidedMay 29, 1973

StatusPublished

This text of 41 A.D.2d 970 (People ex rel. Hunter 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. Hunter v. Zelker, 41 A.D.2d 970, 343 N.Y.S.2d 1015, 1973 N.Y. App. Div. LEXIS 4353 (N.Y. Ct. App. 1973).

Pincite

Opinion

In a habeas corpus proceeding, relator appeals from a decision of the Supreme Court, Dutchess County, dated September 9, 1971, for dismissal of the writ after a hearing. Appeal dismissed, without costs. No appeal lies from a decision. Further, relator separately appealed from the judgment (dated November 10, 1971) entered on the decision appealed from and that appeal was dismissed on January 10, 1973 as academic since appellant was no longer in respondent’s custody (Motion No. 7/73). This court also noted the following in the decision dismissing the appeal from the judgment : “We have examined the papers on this appeal. Had we not granted the motion to dismiss, we would have affirmed the judgment sought to be reviewed." Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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In a habeas corpus proceeding, relator appeals from a decision of the Supreme Court, Dutchess County, dated September 9, 1971, for dismissal of the writ after a hearing. Appeal dismissed, without costs. No appeal lies from a decision. Further, relator separately appealed from the judgment (dated November 10, 1971) entered on the decision appealed from and that appeal was dismissed on January 10, 1973 as academic since appellant was no longer in respondent’s custody (Motion No. 7/73). This court also noted the following in the decision dismissing the appeal from the judgment : “We have examined the papers on this appeal. Had we not granted the motion to dismiss, we would have affirmed the judgment sought to be reviewed." Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

41 A.D.2d 970, 343 N.Y.S.2d 1015, 1973 N.Y. App. Div. LEXIS 4353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-hunter-v-zelker-nyappdiv-1973.