New York Court of Appeals, 1965

People ex rel. Taylor v. Herold

People ex rel. Taylor v. Herold
New York Court of Appeals · Decided February 11, 1965
15 N.Y.2d 851; 205 N.E.2d 878; 257 N.Y.S.2d 959; 1965 N.Y. LEXIS 1618

People ex rel. Taylor v. Herold

Opinion of the Court

Motion dismissed. The order dismissing the writ from which an appeal is sought to be taken was made by a Justice of the Supreme Court, not by the Appellate Division, and, accordingly, the order is not appealable to the Court of Appeals (N. Y. Const., art. VI, § 3, subd. b; CPLR 5601, 5602). Relator is free to apply for a new writ and, if relief is again denied by a Justice of the Supreme Court, an appeal may be taken to the Appellate Division.

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