People ex rel. Schinitsky v. Cohen
Opinion of the Court
In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Orange County, dated December 30, 1969 and entered January 5,1970, which dismissed the writ. Judgment reversed, on the law and the facts, without costs, and the minor on whose behalf the proceeding was brought is ordered discharged from custody. The person in question in respondent’s custody, a juvenile adjudicated to be a person in need of supervision, was placed in a State training school for an initial period not to exceed 18 months. No extension was made on November 10, 1968, when this period expired (of. Family Court Act, § 756), but 10 months later the respondent applied for a 12-month extension of placement, effective retroactively, alleging that clerical error had caused the delay. ¡On September 11, 1969 the Family Court granted the application as of November 10, 1968, and the relator appealed from the order entered thereon. Subsequent extensions were ordered and the juvenile is presently confined in respondent’s custody. While the appeal from that order was pending, the relator commenced the instant habeas corpus proceeding, alleging that the juvenile’s initial placement •had been improperly extended. We find in the circumstances of this case reasons of practicality and necessity which warrant departure from traditional orderly proceedings, such as appeal (cf. People ex rel. Keitt v. McMann, 18 N Y 2d 257, 262). Although the pendency of an appeal by a defendant from ■a judgment of conviction renders proper the dismissal of his collateral writ of habeas corpus (see People ex rel. Cruz v. Deegan, 30 A D 2d 976), we do not apply this rule to the detained person in this case, who is not a convicted criminal seeking to vacate a judgment of conviction while his appeal therefrom
Case-law data current through December 31, 2025. Source: CourtListener bulk data.