U.S. Court of Appeals for the Second Circuit, 1960

United States ex rel. Lynch v. Fay

U.S. Court of Appeals for the Second Circuit · Decided August 29, 1960 · Moore

284 F.2d 301 (Federal Reporter, Second Series)

Counsel

Jaffe & Wachtell, New York City (David Jaffe, Herbert M. Wachtell, New York City, of counsel), for appellee., Louis J. Lefkowitz, Atty. Gen., State of N. Y. (Samuel A. Hirshowitz, First Asst. Atty. Gen., George K. Bernstein, William G. Ross, Asst. Attys. Gen., of counsel), for appellants.

Cases that cite this one

6 later published cases cite this decision.

United States ex rel. Schwartz v. Lennox (District Court, E.D. Pennsylvania 1971)
Tennis Madison v. Lacy H. Thornburg, Attorney General of North Carolina (4th Cir. 1989)
In re Kravitz (District Court, M.D. Pennsylvania 1980)
Commonwealth v. Daniels (Mass. 1975)
Commonwealth v. Johnson (Pa. Super. Ct. 1968)
United States of America Ex Rel. William Lynch v. Edward M. Fay, Warden, Green Haven Prison, and the People of the State of New York (2d Cir. 1960)

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.

Dissenting Opinion

MOORE, Circuit Judge

(dissenting).

I would grant the petition to amend. Although the appeal is moot by reason of William Lynch’s death, the proper procedure indicated by the Supreme Court in United States v. Munsingwear, Inc., 1950, 340 U.S. 36, 39, 71 S.Ct. 104, 95 L.Ed. 36, and recently by this court in Bodkin v. United States, 2 Cir., 1959, 266 *302F.2d 55, 56, in nay opinion is to dismiss the appeal, vacate the district court’s judgment and remand with directions to dismiss.. I would adopt this procedure.

Opinion of the Court

PER CURIAM.

We have been informed that petitioner died on July 30, 1960, after submission of his appeal, but prior to a determination thereof.

The appeal is dismissed as moot.

On Motion to Amend Order

PER CURIAM.

Petition denied.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.