PEOPLE EX REL. BATTLE v. JOHNSTON


9 A.D.2d 828 (1959)

The People of the State of New York ex rel. John Joseph Battle, Appellant, v. W. Cecil Johnston, as Director of Dannemora State Hospital, Respondent

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

November 13, 1959


An examination of the record shows that no order denying the application was entered but that relator seeks to appeal from a decision of Mr. Justice Ryan, dated May 1, 1959, and it is further evident that the record is defective as the notice of appeal is not dated and it is therefore impossible to tell whether it was filed within the prescribed time. For these procedure defects, the appeal must be dismissed upon its merits.

Appeal dismissed,...

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