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People ex Rel. Gantz v. Herold

Appellate Division of the Supreme Court of New York, Third Department
Oct 22, 1965
24 A.D.2d 776 (N.Y. App. Div. 1965)

Opinion

October 22, 1965


Appeal from a judgment of the Supreme Court, Clinton County, dismissing relator's petition for a writ of habeas corpus for failure to comply with the provisions of CPLR article 70. It is clear that relator's petition fails to comply with CPLR 7002 (subd. [c], par. 1) and 7002 (subd. [c], par. 6) and thus was properly dismissed by the court below (e.g., People ex rel. Dunn v. McMann, 23 A.D.2d 510). Appellant urges that we consider his brief, the appendix to which supplies the deleted material, as a de novo application for the writ to the original jurisdiction of this court. However, in proceedings of this nature we cannot sanction the supplying of the missing information for the first time in this court so as to cure the fatal defect. The orderly processing of the myriad of cases such as the instant one requires us, except in extremely unusual cases, to limit our function to appellate review. Thus appellant should have resubmitted his petition in corrected form to the court below for its initial determination on the merits before bringing his appeal to this court. Judgment affirmed, without costs. Herlihy, J.P., Taylor, Aulisi and Hamm, JJ., concur.


Summaries of

People ex Rel. Gantz v. Herold

Appellate Division of the Supreme Court of New York, Third Department
Oct 22, 1965
24 A.D.2d 776 (N.Y. App. Div. 1965)
Case details for

People ex Rel. Gantz v. Herold

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. FRANK GANTZ, Appellant, v…

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

Date published: Oct 22, 1965

Citations

24 A.D.2d 776 (N.Y. App. Div. 1965)

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People ex Rel. Williams v. Conboy

Judgment affirmed, without costs. (See People ex rel. Gantz v. Herold, 24 A.D.2d 776.) No opinion. Herlihy,…

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Judgment affirmed, without costs. (See People ex rel. Dunn v. McMann, 23 A.D.2d 510; People ex rel. Gantz v.…