PEOPLE EX REL. RAHM v. JACKSON


6 A.D.2d 731 (1958)

The People of the State of New York ex rel. George C. Rahm, Appellant, v. J. Vernel Jackson, as Warden of Clinton Prison, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 23, 1958


The order of denial was dated October 30, 1957. On October 31, 1957, the Justice of the Supreme Court who denied the order wrote a letter to the petitioner saying — "Your petition and the original order have been filed in the County Clerk's Office". Apparently, relying on this information, defendant took an appeal on November 4, 1957. We are advised by the county clerk's office of Clinton County that the order was not filed until December 18, 1957. The State raises...

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