Appellate Division of the Supreme Court of New York, 1979

People ex rel. Manicone v. Cleary

People ex rel. Manicone v. Cleary
Appellate Division of the Supreme Court of New York · Decided April 23, 1979
69 A.D.2d 893; 415 N.Y.S.2d 1007; 1979 N.Y. App. Div. LEXIS 11633
People ex rel. Manicone v. Cleary

Opinion of the Court

In a habeas corpus proceeding, petitioner purports to appeal from an "order” of the Supreme Court, Suffolk County, dated October 23, 1973, which dismissed the petition. Appeal dismissed, without costs or disbursements. The paper from which petitioner purports to appeal is a decision. No appeal lies from a decision. In any event, it appears that the petitioner is no longer in respondent’s custody. Rabin, J. P., Gulotta, Margett and Martuscello, JJ., concur.

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