Opinion
April 22, 1963
In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Dutchess County, dated November 1, 1961 and entered November 16, 1961, which failed to sustain the writ "on the legal grounds requested" and set the matter down for a hearing "to determine whether the petitioner is presently competent to face trial." Appeal dismissed. An intermediate order in a habeas corpus proceeding is not appealable (Civ. Prac. Act, § 1274; People ex rel. Duryee v. Duryee, 188 N.Y. 440; People ex rel. Wysocki v. Webster, 268 App. Div. 811; Matter of Schwartz v. Zimmerman, 275 App. Div. 852; People ex rel. Behar v. Behar, 8 A.D.2d 958). Ughetta, Acting P.J., Kleinfeld, Rabin and Hopkins, JJ., concur; Brennan, J., not voting.