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People ex Rel. Berman v. McDonnell

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1945
269 App. Div. 864 (N.Y. App. Div. 1945)

Opinion

June 25, 1945.


The Warden of the City Prison at Raymond Street, Borough of Brooklyn, appearing by the Corporation Counsel of the City of New York, appeals from an order sustaining a writ of habeas corpus sued out by a prisoner in the charge of said warden; and from an order denying a motion to vacate the order sustaining the writ and to remand the prisoner. The District Attorney of Kings County appears and moves that the appeals be dismissed on the ground that the appellant is not an aggrieved party and has no right to appeal. Appeals dismissed, without costs. Under the circumstances here presented, only the People, represented either by the Attorney-General or the District Attorney, may appeal. (Civ. Prac. Act, §§ 1274, 1275; Matter of Quinn, 2 App. Div. 103; People ex rel. Graves v. Davis, 33 App. Div. 636; People ex rel. Friedman v. Kaiser, 228 App. Div. 863.) Close, P.J., Hagarty, Johnston, Adel and Lewis, JJ., concur.


Summaries of

People ex Rel. Berman v. McDonnell

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1945
269 App. Div. 864 (N.Y. App. Div. 1945)
Case details for

People ex Rel. Berman v. McDonnell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK ex rel. ISAAC BERMAN, Respondent…

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

Date published: Jun 25, 1945

Citations

269 App. Div. 864 (N.Y. App. Div. 1945)

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