People ex rel. Wagner v. Sheriff

Appellate Division of the Supreme Court of New York

People ex rel. Wagner v. Sheriff

30 A.D.2d 852, 293 N.Y.S.2d 519, 1968 N.Y. App. Div. LEXIS 3413

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

DecidedJuly 15, 1968

StatusPublished

This text of 30 A.D.2d 852 (People ex rel. Wagner v. Sheriff) 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. Wagner v. Sheriff, 30 A.D.2d 852, 293 N.Y.S.2d 519, 1968 N.Y. App. Div. LEXIS 3413 (N.Y. Ct. App. 1968).

Pincite

Opinion

Appeal by Ann Gross, the wife of Bertram Gross, from a judgment of the Supreme Court, Nassau County, dated February 9, 1968, which sustained Bertram Gross’ habeas corpus writ upon payment of $75, plus Sheriff’s fees of $3.75. Judgment reversed, on the law, with $10 costs and disbursements, and proceeding remitted to the Special Term for a hearing as to whether Bertram Gross did in fact comply with the terms of an order of the Supreme Court, Nassau County, dated October 2, 1967, which had adjudged him in contempt of court and had provided for him to purge himself of that contempt. Findings of fact, if any, have not been affirmed. Since no record was made of the hearing on the habeas corpus writ, we have been unable to ascertain on exactly what ground (s) the writ was sustained. In the interests of justice, a new hearing on the record is in order. Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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Appeal by Ann Gross, the wife of Bertram Gross, from a judgment of the Supreme Court, Nassau County, dated February 9, 1968, which sustained Bertram Gross’ habeas corpus writ upon payment of $75, plus Sheriff’s fees of $3.75. Judgment reversed, on the law, with $10 costs and disbursements, and proceeding remitted to the Special Term for a hearing as to whether Bertram Gross did in fact comply with the terms of an order of the Supreme Court, Nassau County, dated October 2, 1967, which had adjudged him in contempt of court and had provided for him to purge himself of that contempt. Findings of fact, if any, have not been affirmed. Since no record was made of the hearing on the habeas corpus writ, we have been unable to ascertain on exactly what ground (s) the writ was sustained. In the interests of justice, a new hearing on the record is in order. Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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Bluebook (online)

30 A.D.2d 852, 293 N.Y.S.2d 519, 1968 N.Y. App. Div. LEXIS 3413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-wagner-v-sheriff-nyappdiv-1968.