People ex rel. Tyler v. Conboy

Appellate Division of the Supreme Court of New York

People ex rel. Tyler v. Conboy

39 A.D.2d 806, 332 N.Y.S.2d 669, 1972 N.Y. App. Div. LEXIS 4535

Appellate Division of the Supreme Court of the State of New York·Decided May 23, 1972·Published·Cited by 1 cases

Opinion

Application for a writ of habeas corpus denied, without costs. It appears that petitioner would not be entitled to immediate discharge from custody even if his good behavior allowance were restored. In the interests of justice, petition transferred to Supreme Court, Special Term, County of Washington, for determination of its legal sufficiency as a petition pursuant to CPLR article 78. (See Sostre v. McGinnis, 442 F. 2d 178, cert. den. sub nom. Oswald v. Sostre, 405 U. S. 978.) Herlihy, F. J., Greenblott, Sweeney, Simons and Kane, JJ., concur.

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Application for a writ of habeas corpus denied, without costs. It appears that petitioner would not be entitled to immediate discharge from custody even if his good behavior allowance were restored. In the interests of justice, petition transferred to Supreme Court, Special Term, County of Washington, for determination of its legal sufficiency as a petition pursuant to CPLR article 78. (See Sostre v. McGinnis, 442 F. 2d 178, cert. den. sub nom. Oswald v. Sostre, 405 U. S. 978.) Herlihy, F. J., Greenblott, Sweeney, Simons and Kane, JJ., concur.

People ex rel. Tyler v. Conboy, 39 A.D.2d 806, 332 N.Y.S.2d 669, 1972 N.Y. App. Div. LEXIS 4535 (N.Y. Ct. App. 1972).

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Opinion

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