Opinion
February 21, 1995
Appeal from the Supreme Court, Suffolk County (Baisley, J.).
Ordered that the appeals are dismissed, without costs or disbursements.
"No appeal lies from an intermediate order in a habeas corpus proceeding" (People ex rel. Johnson v. Romano, 108 A.D.2d 888; People ex rel. Ardito v. Trujillo, 88 A.D.2d 1002; Sassower v Finnerty, 68 A.D.2d 936; State of New York ex rel. Wallace v Lhotan, 48 A.D.2d 665; see also, People ex rel. Satti v. Satti, 55 A.D.2d 149, 153, affd 43 N.Y.2d 671). CPLR 7011, which governs the right of appeal in habeas corpus proceedings, states that "[a]n appeal may be taken from a judgment refusing to grant a writ of habeas corpus or refusing an order to show cause issued under subdivision (a) of section 7003, or from a judgment made upon the return of such writ or order to show cause". In the instant case, no return was ever filed, and no judgment was entered. The intermediate orders dated November 16, 1993, and December 3, 1993, respectively, and the warrant of attachment dated November 16, 1993, are not appealable. Ritter, J.P., Pizzuto, Friedmann and Goldstein, JJ., concur.