Opinion
Submitted May 20, 1974
Decided July 10, 1974
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, SAMUEL R. ROSENBERG, J. and JOSEPH A. BRUST, J.
Joseph Alan Kaplan and David Steinberg for motion.
Adrian P. Burke, Corporation Counsel ( Susan S. Belkin of counsel), opposed.
Motion granted and appeal dismissed, without costs, upon the ground that the Corporation Counsel of the City of New York may not appeal in the name of the State from an order discharging a relator from custody. (CPLR 7009, subd. [a]; 7011; see People ex rel. Berman v. McDonnell, 269 App. Div. 864.)