People ex rel. Winn v. Denno

Appellate Division of the Supreme Court of New York

People ex rel. Winn v. Denno

25 A.D.2d 890, 272 N.Y.S.2d 108, 1966 N.Y. App. Div. LEXIS 4081

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

DecidedMay 31, 1966

StatusPublished

This text of 25 A.D.2d 890 (People ex rel. Winn v. Denno) 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. Winn v. Denno, 25 A.D.2d 890, 272 N.Y.S.2d 108, 1966 N.Y. App. Div. LEXIS 4081 (N.Y. Ct. App. 1966).

Pincite

Opinion

In a habeas corpus proceeding relator appeals from a purported “judgment” of the Supreme Court, Westchester County, rendered August 26, 1965, which allegedly dismissed the writ and remanded him to the custody of respondent. Appeal dismissed, without costs. The memorandum decision of the court below is dated August 26, 1965. The judgment thereon was not signed until October 29, 1965 (it was -filed Nov. 4, 1965), which was subsequent to the service of the notice of appeal. No judgment was made on August 26, 1965. Under the circumstances, the appeal must be dismissed (People v. Willis, 22 A D 2d 693). We have, however, examined the record and considered appellant’s contentions; and, if we were not dismissing the appeal, we would affirm the disposition below on the merits.

Beldoek, P. J., Brennan, Hill, Rabin and Hopkins, J-J., concur.

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In a habeas corpus proceeding relator appeals from a purported “judgment” of the Supreme Court, Westchester County, rendered August 26, 1965, which allegedly dismissed the writ and remanded him to the custody of respondent. Appeal dismissed, without costs. The memorandum decision of the court below is dated August 26, 1965. The judgment thereon was not signed until October 29, 1965 (it was -filed Nov. 4, 1965), which was subsequent to the service of the notice of appeal. No judgment was made on August 26, 1965. Under the circumstances, the appeal must be dismissed (People v. Willis, 22 A D 2d 693). We have, however, examined the record and considered appellant’s contentions; and, if we were not dismissing the appeal, we would affirm the disposition below on the merits.

Beldoek, P. J., Brennan, Hill, Rabin and Hopkins, J-J., concur.

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Bluebook (online)

25 A.D.2d 890, 272 N.Y.S.2d 108, 1966 N.Y. App. Div. LEXIS 4081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-winn-v-denno-nyappdiv-1966.