People Ex Rel. Hirschberg v. McNeill
New York Court of Appeals
People Ex Rel. Hirschberg v. McNeill, 303 N.Y. 464 (N.Y. 1952)
104 N.E.2d 100; 1952 N.Y. LEXIS 802
Loughran
People Ex Rel. Hirschberg v. McNeill
Opinion
Subdivision 4 of section 588 of the Civil Prac-
tice Act authorizes an appeal directly to this court from appropriate judgments or orders “ where the only question involved on the appeal is the validity of a statutory provision of the state or of the United States under the constitution of the state or of the United States ”. The validity of no statutory provision of the State or of the United States is here involved. The rule only of the hospital is questioned. Such a rule is not a statute within the meaning of the State Constitution (cf. F. T. B. Realty Corp. v. Goodman, 300 N. Y. 140, 144, 145).
The appeal should be dismissed, without costs.
Loughran, Ch. J., Lewis, Conway, Desmond, Dye, Fuld and Froessel, JJ., concur.
Appeal dismissed.
Reference
- Full Case Name
- The People of the State of New York Ex Rel. Henry Hirschberg, Petitioner, on Behalf of John W. Delaney, Relator, Appellant, Against John F. McNeill, as Superintendent of Matteawan State Hospital, Respondent
- Cited By
- 1 case
- Status
- Published