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

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

DecidedMarch 27, 1967

StatusPublished

Cited by4 cases

This text of 27 A.D.2d 860 (People ex rel. Wilkes v. Fay) 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.

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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

—■ 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.

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27 A.D.2d 860, 278 N.Y.S.2d 581, 1967 N.Y. App. Div. LEXIS 4561, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-wilkes-v-fay-nyappdiv-1967.

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