People ex Rel. Morris v. Meloni

Full title: PEOPLE ex rel. JOHN MORRIS, Respondent, v. ANDREW P. MELONI, as Monroe…

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

Date published: Nov 16, 1994

209 A.D.2d 1057 (N.Y. App. Div. 1994)

619 N.Y.S.2d 977

Opinion

November 16, 1994

Present — Green, J.P., Balio, Lawton, Fallon and Davis, JJ. (Filed Nov. 2, 1994.)

Motion for stay denied; appeal expedited upon condition that appellants' records and briefs are filed and served on or before November 14, 1994; if so filed and served, appeal is to be added to calendar for term of Court commencing November 28, 1994, and respondent's briefs are to be filed and served on or before November 28, 1994. Memorandum: The operation of a writ of habeas corpus may not be stayed (see, People ex rel. Young v. Stout, 10 Misc. 247; 7A Weinstein-Korn-Miller, N.Y. Civ Prac ¶ 7011.04; 22 Carmody-Wait 2d, N.Y. Prac § 139:6, at 496). The appropriate course of action is to expedite the appeal.