People ex rel. Ricco v. McClellan

Appellate Division of the Supreme Court of New York

People ex rel. Ricco v. McClellan

206 A.D.2d 580, 615 N.Y.S.2d 1018, 1994 N.Y. App. Div. LEXIS 7179

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

DecidedJuly 7, 1994

StatusPublished

This text of 206 A.D.2d 580 (People ex rel. Ricco v. McClellan) 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. Ricco v. McClellan, 206 A.D.2d 580, 615 N.Y.S.2d 1018, 1994 N.Y. App. Div. LEXIS 7179 (N.Y. Ct. App. 1994).

Pincite

Opinion

Appeal from a judgment of the Supreme Court (Ellison, J.), entered September 20, 1993 in Chemung County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

We find no error in Supreme Court’s dismissal of petitioner’s application for a writ of habeas corpus. It is well settled that a habeas corpus proceeding is unwarranted where full relief may be obtained in other more appropriate proceedings. [581]*581In the absence of proof warranting a departure from traditional orderly procedure, Supreme Court’s decision must be affirmed.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Appeal from a judgment of the Supreme Court (Ellison, J.), entered September 20, 1993 in Chemung County, which dismissed petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

We find no error in Supreme Court’s dismissal of petitioner’s application for a writ of habeas corpus. It is well settled that a habeas corpus proceeding is unwarranted where full relief may be obtained in other more appropriate proceedings. [581]*581In the absence of proof warranting a departure from traditional orderly procedure, Supreme Court’s decision must be affirmed.

Mikoll, J. P., Mercure, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.

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Bluebook (online)

206 A.D.2d 580, 615 N.Y.S.2d 1018, 1994 N.Y. App. Div. LEXIS 7179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-ricco-v-mcclellan-nyappdiv-1994.