People Ex Rel. Whitehead v. Herbert

New York Court of Appeals February 25, 2003

People Ex Rel. Whitehead v. Herbert, 99 N.Y.2d 609 (N.Y. 2003)

757 N.Y.S.2d 815; 787 N.E.2d 1161; 2003 N.Y. LEXIS 229

Opinion

On the Court’s own motion, appeal transferred, without costs, to the Appellate Division, Fourth Department, upon the ground that a direct appeal does not lie when questions other than the constitutional validity of a statutory provision are involved (NY Const, art VI, § 3 [b] [2]; § 5 [b]; CPLR 5601 [b] [2]). Motion for leave to appeal dismissed upon the ground that the Court of Appeals does not have jurisdiction to entertain the motion (NY Const, art VI, § 3 [b]; CPLR 5602). Motion for poor person relief dismissed as academic.

Reference

Full Case Name: The People of the State of New York Ex Rel. Robert E. Whitehead, Appellant, v. Victor Herbert, as Superintendent of Attica Correctional Facility, Respondent
Status: Published