People ex rel. Krupka v. Herold

Appellate Division of the Supreme Court of New York

People ex rel. Krupka v. Herold

34 A.D.2d 1052, 312 N.Y.S.2d 38, 1970 N.Y. App. Div. LEXIS 4347

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

DecidedJune 29, 1970

StatusPublished

This text of 34 A.D.2d 1052 (People ex rel. Krupka 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. Krupka v. Herold, 34 A.D.2d 1052, 312 N.Y.S.2d 38, 1970 N.Y. App. Div. LEXIS 4347 (N.Y. Ct. App. 1970).

Pincite

Opinion

Memorandum by the Court. Appeal from a judgment of the Supreme Court at Special Term, entered June 10, 1969 in Clinton County, which denied a writ of habeas corpus without a hearing. The petition is fatally defective for failure to comply with CP-LR 7002 (subd. [e], pars. 3, 5, 6). We particularly note that the appellant presently has an appeal pending in the United States Court of Appeals for the Second Circuit. (’See People ex rel. McAllister v. McMann, 25 A D 2d 460.) None of the issues raised by appellant are considered at this time. Judgment affirmed, without costs. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur in memorandum by the court.

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Memorandum by the Court. Appeal from a judgment of the Supreme Court at Special Term, entered June 10, 1969 in Clinton County, which denied a writ of habeas corpus without a hearing. The petition is fatally defective for failure to comply with CP-LR 7002 (subd. [e], pars. 3, 5, 6). We particularly note that the appellant presently has an appeal pending in the United States Court of Appeals for the Second Circuit. (’See People ex rel. McAllister v. McMann, 25 A D 2d 460.) None of the issues raised by appellant are considered at this time. Judgment affirmed, without costs. Herlihy, P. J., Reynolds, Greenblott, Cooke and Sweeney, JJ., concur in memorandum by the court.

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Bluebook (online)

34 A.D.2d 1052, 312 N.Y.S.2d 38, 1970 N.Y. App. Div. LEXIS 4347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-krupka-v-herold-nyappdiv-1970.