Opinion
December 7, 1961
Present — Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.
Appeal from an order of Supreme Court, Clinton County, which denied an application for a writ of habeas corpus. The ground urged by relator for the issuance of the writ of habeas corpus is that in a previous habeas corpus proceeding in which the writ had been sustained by the Clinton County Court the Attorney-General had delayed the prosecution of the appeal and had failed to produce relator in the Westchester County Court in pursuance of the order sustaining the writ. But the order sustaining the writ was reversed here ( People ex rel. Grubbs v. La Vallee, 8 A.D.2d 909) and the validity of the judgment of the Westchester County Court in pursuance of which relator is detained in prison is not affected by the proceedings of which relator complains. Order denying writ unanimously affirmed, without costs.