PEOPLE EX REL. MAINIERI v. JACKSON


11 A.D.2d 546 (1960)

The People of the State of New York ex rel. Louis Mainieri, Also Known as John Simone, 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 5, 1960


The petition was defective in that it was not verified and in other respects did not completely comply with section 1234 of the Civil Practice Act, and accordingly the order must be affirmed. We do not, however, agree with the County Court's conclusion that even if the petition were sufficient in form it would have to be dismissed because, in that court's view, the transcript of proceedings attached to the petition refutes relator's contention that upon his prior felony conviction...

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