PEOPLE EX REL. DEGBRINA v. FAY


18 A.D.2d 1104 (1963)

The People of the State of New York ex rel. Leo Degbrina, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent

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

April 22, 1963


Appeal dismissed.

It is clearly disclosed by the record that defendant's notice of appeal was served after the decision (rendered June 28, 1962) but prior to the making and entry of the orders dismissing the writ and denying the application for rehearing. Hence, the appeal must be deemed to be from such decision; and no appeal lies from a decision of the court. We have examined the merits, however, and have concluded that, if the appeal were not dismissed, we would...

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