People Ex Rel. Fitzgerald v. Casscles
Cases that cite this one
4 later published cases cite this decision.
- People ex rel. Hatzman v. Kuhlmann (Appellate Division of the Supreme Court of New York 1993)
- People Ex Rel. Mendolia v. SUPERINTENDENT, GREEN HAVEN CORR. FACILITY (N.Y. 1979)
- People ex rel. Mendolia v. Superintendent, Green Haven Correctional Facility (N.Y. 1979)
- People ex rel. Yusuf Abdul Alim v. Smith (Appellate Division of the Supreme Court of New York 1977)
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
Order affirmed, without costs, in the following memorandum: The order appealed from should be affirmed on the sole ground that the relator is not entitled to a writ of habeas corpus since the relief requested would not result in his discharge from prison. (See, e.g., People ex rel. Dellavalle v. McGinnis, 21 N Y 2d 795; People ex rel. Reynolds v. Martin, 3 N Y 2d 217, 223.) The affirmance is, however, without prejudice to the relator’s institution of an appropriate proceeding to have the court ascertain the time he spent in “ custody ” at Kings Park Hospital and have it credit such time toward his sentence.
Concur: Chief Judge Fuld and Judges Burke, Scileppi, Bergan, Breitel, Jasen and Hibson.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.