Home/New York Court of Appeals/People ex rel. Malinowski v. Casscles

People ex rel. Malinowski v. Casscles

348 N.E.2d 616, 38 N.Y.2d 982, 384 N.Y.S.2d 159, 1976 N.Y. LEXIS 2612
CourtNew York Court of Appeals
DecidedMarch 25, 1976
StatusPublished

This text of 348 N.E.2d 616 (People ex rel. Malinowski v. Casscles) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Malinowski v. Casscles, 348 N.E.2d 616, 38 N.Y.2d 982, 384 N.Y.S.2d 159, 1976 N.Y. LEXIS 2612 (N.Y. 1976).

Opinion

On the court’s own motion, appeal transferred to the Appellate Division, Third Department, without costs. A direct appeal does not lie where questions other than the constitutional validity of. a statutory provision are involved (NY Const, art VI, § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938). In this case there is at least a procedural question as to whether habeas corpus is an available or appropriate remedy.

Motion for a preference dismissed as academic.

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Related

Bartsch v. State
309 N.E.2d 129 (New York Court of Appeals, 1974)

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Bluebook (online)
348 N.E.2d 616, 38 N.Y.2d 982, 384 N.Y.S.2d 159, 1976 N.Y. LEXIS 2612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-malinowski-v-casscles-ny-1976.