People ex rel. La Rocca v. Conboy

Appellate Division of the Supreme Court of New York

People ex rel. La Rocca v. Conboy

40 A.D.2d 736, 336 N.Y.S.2d 724, 1972 N.Y. App. Div. LEXIS 3613

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

DecidedOctober 26, 1972

StatusPublished

Cited by3 cases

This text of 40 A.D.2d 736 (People ex rel. La Rocca v. Conboy) 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. La Rocca v. Conboy, 40 A.D.2d 736, 336 N.Y.S.2d 724, 1972 N.Y. App. Div. LEXIS 3613 (N.Y. Ct. App. 1972).

Pincite

Opinion

Appeal by the relator from a judgment of the Supreme Court at Special Term, entered October 27, 1971 in Washington County, which denied, without a hearing, a petition for a writ of habeas corpus. The petition was unverified and did not comply with the requirements of CPLR 7002 (subd. [c]). However, it contained a statement to the effect that the relator could not comply with the CPLR because of a deprivation of legal material and writing material. In People ex rel. Hale v. McMann (28 A D 2d 1013) it was indicated that deficiencies in the petition might be overlooked where compelling reasons appeared from the papers. As noted by Special Term, the allegations of the petition which are apparently intended to establish restraints in excess of constitutional guarantees (People ex rel. Brown v. Johnston, 9 N Y 2d 482) are inadequate to establish such restraint. The petition was properly denied without a hearing. Judgment affirmed, without costs. Herlihy, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Appeal by the relator from a judgment of the Supreme Court at Special Term, entered October 27, 1971 in Washington County, which denied, without a hearing, a petition for a writ of habeas corpus. The petition was unverified and did not comply with the requirements of CPLR 7002 (subd. [c]). However, it contained a statement to the effect that the relator could not comply with the CPLR because of a deprivation of legal material and writing material. In People ex rel. Hale v. McMann (28 A D 2d 1013) it was indicated that deficiencies in the petition might be overlooked where compelling reasons appeared from the papers. As noted by Special Term, the allegations of the petition which are apparently intended to establish restraints in excess of constitutional guarantees (People ex rel. Brown v. Johnston, 9 N Y 2d 482) are inadequate to establish such restraint. The petition was properly denied without a hearing. Judgment affirmed, without costs. Herlihy, P. J., Greenblott, Sweeney, Kane and Reynolds, JJ., concur.

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Bluebook (online)

40 A.D.2d 736, 336 N.Y.S.2d 724, 1972 N.Y. App. Div. LEXIS 3613, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-la-rocca-v-conboy-nyappdiv-1972.

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