Summary
In People ex rel. Hale v. McMann (28 A.D.2d 1013) it was indicated that deficiencies in the petition might be overlooked where compelling reasons appeared from the papers.
Summary of this case from People ex rel. La Rocca v. ConboyOpinion
October 24, 1967
Appeal from a judgment of the County Court, Clinton County, denying relator's petition for a writ of habeas corpus without a hearing for failure to comply with CPLR 7002 (subd. [c], pars. 5, 6). Relator's petition fails to comply with CPLR 7002 (subd. [c], pars. 1, 5) and we cannot find advanced such compelling reasons as would necessitate a departure from orderly process. Accordingly, the judgment of the trial court must be affirmed. Judgment affirmed, without costs. Gibson, P.J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by REYNOLDS, J.