People ex rel. Webb v. Johnston

Appellate Division of the Supreme Court of New York

People ex rel. Webb v. Johnston

37 A.D.2d 864, 326 N.Y.S.2d 1000, 1971 N.Y. App. Div. LEXIS 3225

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

DecidedOctober 26, 1971

StatusPublished

This text of 37 A.D.2d 864 (People ex rel. Webb v. Johnston) 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. Webb v. Johnston, 37 A.D.2d 864, 326 N.Y.S.2d 1000, 1971 N.Y. App. Div. LEXIS 3225 (N.Y. Ct. App. 1971).

Pincite

Opinion

Appeal by relator from two purported judgments of the Supreme Court, Dutchess County (described in the notices of appeal by the respective dates of June 1, 1970 and January 8, 1971, and as having dismissed writs of habeas corpus). Relator in his petition for both writs sought to be transferred from Matteawan State Hospital to a civil hospital. On the return date of the second writ an application for an order authorizing further retention of relator was also before the court. Both those matters were consolidated and a hearing was held on relator’s existing mental state. Following the hearing a retention order was made by said court, dated January 8, 1971. Appellant’s brief on these appeals abandons his appeal from the first purported judgment and is addressed only to the order of retention. However, no notice of appeal was filed with respect to that order. Appeals from the two purported judgments dismissed, without costs. It appears that no such judgments were made. Had such judgments been made and entered and were an appeal from the retention order properly before us, we would have affirmed such judgments and such order, on the ground that the testimony at the ^hearing on January 8, 1971 fully supported the dismissal of the writs of habeas corpus and the order of retention. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Appeal by relator from two purported judgments of the Supreme Court, Dutchess County (described in the notices of appeal by the respective dates of June 1, 1970 and January 8, 1971, and as having dismissed writs of habeas corpus). Relator in his petition for both writs sought to be transferred from Matteawan State Hospital to a civil hospital. On the return date of the second writ an application for an order authorizing further retention of relator was also before the court. Both those matters were consolidated and a hearing was held on relator’s existing mental state. Following the hearing a retention order was made by said court, dated January 8, 1971. Appellant’s brief on these appeals abandons his appeal from the first purported judgment and is addressed only to the order of retention. However, no notice of appeal was filed with respect to that order. Appeals from the two purported judgments dismissed, without costs. It appears that no such judgments were made. Had such judgments been made and entered and were an appeal from the retention order properly before us, we would have affirmed such judgments and such order, on the ground that the testimony at the ^hearing on January 8, 1971 fully supported the dismissal of the writs of habeas corpus and the order of retention. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

37 A.D.2d 864, 326 N.Y.S.2d 1000, 1971 N.Y. App. Div. LEXIS 3225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-webb-v-johnston-nyappdiv-1971.