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Matter of Wilkes v. Wilkes

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 1995
212 A.D.2d 719 (N.Y. App. Div. 1995)

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.


Summaries of

Matter of Wilkes v. Wilkes

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 1995
212 A.D.2d 719 (N.Y. App. Div. 1995)
Case details for

Matter of Wilkes v. Wilkes

Case Details

Full title:In the Matter of ADAM L. WILKES, Respondent, v. NAOMI R. WILKES, Appellant

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

Date published: Feb 21, 1995

Citations

212 A.D.2d 719 (N.Y. App. Div. 1995)
622 N.Y.S.2d 608

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