People ex rel. Wayburn v. Davis

Appellate Division of the Supreme Court of New York

People ex rel. Wayburn v. Davis

52 A.D.2d 932, 383 N.Y.S.2d 624, 1976 N.Y. App. Div. LEXIS 12794

Appellate Division of the Supreme Court of the State of New York·Decided May 17, 1976·No. Kaufmann v Davis, 52 AD2d 931.)·Published

Opinion

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Kings County, dated August 7, 1975, which, after a hearing, dismissed the petition. Appeal dismissed, without costs or disbursements. The order of detention has been vacated and the PINS proceeding dismissed. Accordingly, this appeal has been rendered moot. (But see, People ex rel. Kaufmann v Davis, 52 AD2d 931.) Cohalan, Acting P. J., Margett and Rabin, JJ., concur; Damiani and Titone, JJ., concur in the result, but adhere to the views expressed in the dissenting memorandum of Mr. Justice Damiani in People ex rel. Kaufmann v Davis (52 AD2d 931).

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In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Kings County, dated August 7, 1975, which, after a hearing, dismissed the petition. Appeal dismissed, without costs or disbursements. The order of detention has been vacated and the PINS proceeding dismissed. Accordingly, this appeal has been rendered moot. (But see, People ex rel. Kaufmann v Davis, 52 AD2d 931.) Cohalan, Acting P. J., Margett and Rabin, JJ., concur; Damiani and Titone, JJ., concur in the result, but adhere to the views expressed in the dissenting memorandum of Mr. Justice Damiani in People ex rel. Kaufmann v Davis (52 AD2d 931).

People ex rel. Wayburn v. Davis, 52 A.D.2d 932, 383 N.Y.S.2d 624, 1976 N.Y. App. Div. LEXIS 12794 (N.Y. Ct. App. 1976).

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Opinion

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