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People ex Rel. Pugach v. Slattery

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1962
15 A.D.2d 679 (N.Y. App. Div. 1962)

Opinion

January 29, 1962


In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Kings County, dated "August 2, 1961," which dismissed his petition and remanded him to custody, after a hearing. Appeal dismissed, without costs. Relator's notice of appeal is dated August 2, 1961, and was filed in the County Clerk's office of Kings County on August 8, 1961. The notice states that the appeal is taken from an order dated August 2, 1961. There is no such order in the record. The record discloses that, while the Supreme Court Justice did render his decision dismissing relator's petition at the close of the hearing on August 2, 1961, the order of dismissal was not made until November 28, 1961; and it was entered on November 29, 1961. Under the circumstances, the relator's purported appeal from a nonexistent order of August 2, 1961 must be dismissed (Civ. Prac. Act, § 612; cf. Matter of Cohen v. Cocoline Prods., 3 A.D.2d 711; People v. Teasley, 13 A.D.2d 968). We have considered all of relator's contentions, however, and if we did not dismiss the appeal we would affirm the order on the merits. Ughetta, Acting P.J., Kleinfeld, Brennan, Hill and Hopkins, JJ., concur.


Summaries of

People ex Rel. Pugach v. Slattery

Appellate Division of the Supreme Court of New York, Second Department
Jan 29, 1962
15 A.D.2d 679 (N.Y. App. Div. 1962)
Case details for

People ex Rel. Pugach v. Slattery

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. BURTON N. PUGACH, Appellant…

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

Date published: Jan 29, 1962

Citations

15 A.D.2d 679 (N.Y. App. Div. 1962)

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