Smith v. Conway

Appellate Division of the Supreme Court of New York

Smith v. Conway

44 A.D.2d 622, 353 N.Y.S.2d 75, 1974 N.Y. App. Div. LEXIS 5477

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1974·Published

Opinion

Proceeding,pursuant to CPLR article 78, in the 'nature of prohibition, seeking to vacate an order of the Supreme Court staying execution of a judgment of conviction. Petition granted, without costs. The stay is not authorized by the statute (CPL 460.50, subd. 1; CPL 530.50) and therefore the court exceeded its powers in granting it (see. Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 437, cert, den. 404 U. S. 823). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Kane, JJ., concur.

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Proceeding,pursuant to CPLR article 78, in the 'nature of prohibition, seeking to vacate an order of the Supreme Court staying execution of a judgment of conviction. Petition granted, without costs. The stay is not authorized by the statute (CPL 460.50, subd. 1; CPL 530.50) and therefore the court exceeded its powers in granting it (see. Matter of Lee v. County Ct. of Erie County, 27 N Y 2d 432, 437, cert, den. 404 U. S. 823). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Kane, JJ., concur.

Smith v. Conway, 44 A.D.2d 622, 353 N.Y.S.2d 75, 1974 N.Y. App. Div. LEXIS 5477 (N.Y. Ct. App. 1974).

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Opinion

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