From Casetext: Smarter Legal Research

Matter of Pennenga

Appellate Division of the Supreme Court of New York, Third Department
Mar 21, 1956
1 A.D.2d 919 (N.Y. App. Div. 1956)

Opinion

March 21, 1956


Appeal from an order of Supreme Court, dated March 14, 1955, denying an ex parte application for the issuance of an order to show cause directed to the Suffolk County Court and the Attorney-General. The order is not an appealable one (8 Carmody-Wait Cyclopedia of New York Practice, p. 513). The appeal is therefore dismissed, without costs. This is the third appeal by the appellant to this court relating to the same conviction (see People ex rel. Pennenga v. Morhous, 282 App. Div. 1090, and People ex rel. Pennenga v. Conboy, 1 A.D.2d 745). There seems to be a fourth appeal pending, from an order of the County Court of Washington County, entered October 21, 1955, dismissing a writ of habeas corpus. The Attorney-General has filed a respondent's brief on that appeal. No record or appellant's brief has been filed upon that appeal and the Attorney-General's brief is therefore held pending the perfection of the appeal. Foster, P.J., Coon, Halpern and Zeller, JJ., concur; Gibson, J., not voting.


Summaries of

Matter of Pennenga

Appellate Division of the Supreme Court of New York, Third Department
Mar 21, 1956
1 A.D.2d 919 (N.Y. App. Div. 1956)
Case details for

Matter of Pennenga

Case Details

Full title:In the Matter of DENNIS J. PENNENGA, Appellant. THE PEOPLE OF THE STATE OF…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Mar 21, 1956

Citations

1 A.D.2d 919 (N.Y. App. Div. 1956)

Citing Cases

Matter of Negron v. Herold

Appeal from an order of the Supreme Court, Clinton County, denying appellant's application for an order to…

Matter of Harris v. New York St. Bd. of Parole

There appears in the papers no reason for resorting to an order to show cause rather than the usual notice…