Opinion
November 6, 1961
In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Queens County, made after a hearing, which dismissed the writ and remanded him to custody. While the notice of appeal describes the order appealed from as one dated December 7, 1960, the order submitted with the original papers upon which the appeal was heard, is dated April 17, 1961, and dismisses a writ of habeas corpus dated and apparently issued December 7, 1960. The appeal will be considered as one from the order submitted. Order affirmed, without costs. Nothing in the papers submitted or in relator's handwritten brief indicates any reason why the order should be reversed. Nolan, P.J., Beldock, Ughetta, Pette and Brennan, JJ., concur.