People ex rel. Taylor v. Herold

New York Court of Appeals

People ex rel. Taylor v. Herold

205 N.E.2d 878, 15 N.Y.2d 851, 257 N.Y.S.2d 959, 1965 N.Y. LEXIS 1618

DecidedFebruary 11, 1965

StatusPublished

This text of 205 N.E.2d 878 (People ex rel. Taylor v. Herold) 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. Taylor v. Herold, 205 N.E.2d 878, 15 N.Y.2d 851, 257 N.Y.S.2d 959, 1965 N.Y. LEXIS 1618 (N.Y. 1965).

Pincite

Opinion

Motion dismissed. The order dismissing the writ from which an appeal is sought to be taken was made by a Justice of the Supreme Court, not by the Appellate Division, and, accordingly, the order is not appealable to the Court of Appeals (N. Y. Const., art. VI, § 3, subd. b; CPLR 5601, 5602). Relator is free to apply for a new writ and, if relief is again denied by a Justice of the Supreme Court, an appeal may be taken to the Appellate Division.

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Motion dismissed. The order dismissing the writ from which an appeal is sought to be taken was made by a Justice of the Supreme Court, not by the Appellate Division, and, accordingly, the order is not appealable to the Court of Appeals (N. Y. Const., art. VI, § 3, subd. b; CPLR 5601, 5602). Relator is free to apply for a new writ and, if relief is again denied by a Justice of the Supreme Court, an appeal may be taken to the Appellate Division.

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Bluebook (online)

205 N.E.2d 878, 15 N.Y.2d 851, 257 N.Y.S.2d 959, 1965 N.Y. LEXIS 1618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-taylor-v-herold-ny-1965.

Opinion

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