People ex rel. Wilkes v. Fay

Appellate Division of the Supreme Court of New York

People ex rel. Wilkes v. Fay

27 A.D.2d 860, 278 N.Y.S.2d 581, 1967 N.Y. App. Div. LEXIS 4561

Appellate Division of the Supreme Court of the State of New York·Decided March 27, 1967·Published·Cited by 4 cases

Opinion

—■ Appeal from a decision of the Supreme Court, Dutchess County, dated September 12, 1963, dismissed, without costs. No appeal lies from a decision. The notice of appeal erroneously refers to the decision as an “ order ”. The briefs of both parties erroneously state that the appeal is from an order-entered October 3, 1963. No judgment or order was made on the decision; no order was made in this habeas corpus proceeding on September 12, 1963 or October 3, 1963. However, were the merits of the decision properly before us on appeal, we would have affirmed the determination. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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—■ Appeal from a decision of the Supreme Court, Dutchess County, dated September 12, 1963, dismissed, without costs. No appeal lies from a decision. The notice of appeal erroneously refers to the decision as an “ order ”. The briefs of both parties erroneously state that the appeal is from an order-entered October 3, 1963. No judgment or order was made on the decision; no order was made in this habeas corpus proceeding on September 12, 1963 or October 3, 1963. However, were the merits of the decision properly before us on appeal, we would have affirmed the determination. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

People ex rel. Wilkes v. Fay, 27 A.D.2d 860, 278 N.Y.S.2d 581, 1967 N.Y. App. Div. LEXIS 4561 (N.Y. Ct. App. 1967).

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Opinion

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