New York Court of Appeals, 1952

People Ex Rel. Hirschberg v. McNeill

New York Court of Appeals · Decided January 25, 1952 · Loughran

303 N.Y. 464; 104 N.E.2d 100; 1952 N.Y. LEXIS 802

Cases that cite this one

1 later published case cites this decision.

Figari v. New York Telephone Co. (Appellate Division of the Supreme Court of New York 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

Per Curiam.

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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.