Opinion
May 14, 1945.
Appeal from County Court, Kings County.
Appeal dismissed. The order is not appealable. ( People v. Dietz, 294 N.Y. 739.) Appellant's remedy is by habeas corpus. ( People ex rel. Taras v. Kirby, 266 App. Div. 872; People v. Taras, 269 App. Div. 694.) Habeas corpus is a civil proceeding and appeals may be taken from the order in such a proceeding as provided in the Civil Practice Act. ( People v. Gersewitz, 294 N.Y. 163.) Close, P.J., Hagarty, Johnston, Lewis and Aldrich, JJ., concur.