Opinion
January 14, 1955.
Appeal from Erie Special Term.
Present — McCurn, P.J., Vaughan, Piper, Wheeler and Van Duser, JJ.
Order reversed on the law upon the ground that the court was without jurisdiction in the absence of a return; relator remanded to the Sheriff of Erie County; proceedings remitted to Special Term to compel filing of a return forthwith and to proceed in accordance with the requirements of the statute. (See Matter of Haller, 12 Hun 131, 132-133, and People ex rel. Gamaldi v. Warden Kings Co. Jail, 160 App. Div. 480.) All concur, Piper, J., not voting.