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People ex Rel. Hirschberg v. McNeill

Court of Appeals of the State of New York
Jan 25, 1952
104 N.E.2d 100 (N.Y. 1952)

Opinion

Argued January 14, 1952

Decided January 25, 1952

Appeal from the Supreme Court, Orange County, GALLAGHER, J.

Henry Hirschberg and Ernest M. Levinson for appellant. Nathaniel L. Goldstein, Attorney-General ( Raymond B. Madden, Wendell P. Brown and Herman N. Harcourt of counsel), for respondent.


Subdivision 4 of section 588 of the Civil Practice Act authorizes an appeal directly to this court from appropriate judgments or orders "where the only question involved on the appeal is the validity of a statutory provision of the state or of the United States under the constitution of the state or of the United States". The validity of no statutory provision of the State or of the United States is here involved. The rule only of the hospital is questioned. Such a rule is not a statute within the meaning of the State Constitution (cf. F.T.B. Realty Corp. v. Goodman, 300 N.Y. 140, 144, 145).

The appeal should be dismissed, without costs.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Appeal dismissed.


Summaries of

People ex Rel. Hirschberg v. McNeill

Court of Appeals of the State of New York
Jan 25, 1952
104 N.E.2d 100 (N.Y. 1952)
Case details for

People ex Rel. Hirschberg v. McNeill

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. HENRY HIRSCHBERG, Petitioner…

Court:Court of Appeals of the State of New York

Date published: Jan 25, 1952

Citations

104 N.E.2d 100 (N.Y. 1952)
104 N.E.2d 100

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