Rolle v. Henderson

Appellate Division of the Supreme Court of New York

Rolle v. Henderson

104 A.D.2d 686, 479 N.Y.S.2d 484, 1984 N.Y. App. Div. LEXIS 20100

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

DecidedSeptember 13, 1984

StatusPublished

Cited by1 cases

This text of 104 A.D.2d 686 (Rolle v. Henderson) 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

Rolle v. Henderson, 104 A.D.2d 686, 479 N.Y.S.2d 484, 1984 N.Y. App. Div. LEXIS 20100 (N.Y. Ct. App. 1984).

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Opinion

— Application, pursuant to CPLR 5704 (subd [a]) to review an order of the Supreme Court at Special Term which converted an ex parte application for a writ of habeas corpus into a proceeding pursuant to CPLR article 78 and dismissed the petition on the merits. Application granted, and order entered April 23, 1984 in Clinton County vacated.

Based upon our review of the original petition, we are of the opinion that it is not patently frivolous or without some merit. Accordingly, the matter is remitted to Special Term for the issuance of an order to show cause authorizing commencement of this proceeding by such service as Special Term deems appropriate (see Matter of King v Gregorie, 90 AD2d 922, mot for lv to app dsmd 58 NY2d 822). Mahoney, P. J., Kane, Yesawich, Jr., Levine and Harvey, JJ., concur.

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— Application, pursuant to CPLR 5704 (subd [a]) to review an order of the Supreme Court at Special Term which converted an ex parte application for a writ of habeas corpus into a proceeding pursuant to CPLR article 78 and dismissed the petition on the merits. Application granted, and order entered April 23, 1984 in Clinton County vacated.

Based upon our review of the original petition, we are of the opinion that it is not patently frivolous or without some merit. Accordingly, the matter is remitted to Special Term for the issuance of an order to show cause authorizing commencement of this proceeding by such service as Special Term deems appropriate (see Matter of King v Gregorie, 90 AD2d 922, mot for lv to app dsmd 58 NY2d 822). Mahoney, P. J., Kane, Yesawich, Jr., Levine and Harvey, JJ., concur.

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Bluebook (online)

104 A.D.2d 686, 479 N.Y.S.2d 484, 1984 N.Y. App. Div. LEXIS 20100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rolle-v-henderson-nyappdiv-1984.

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