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PEOPLE EX REL. TATRA v. McNEILL

19 A.D.2d 845 (1963)

The People of the State of New York ex rel. Fred A. Tatra, Appellant, v. John F. McNeill, as Superintendent of Matteawan State Hospital, Respondent

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

October 28, 1963

Appeal dismissed, without costs.

This appeal is not from an order refusing to grant a writ or from a judgment made upon the return of a writ. The appeal is from an intermediate order made in the habeas corpus proceeding; the order, to the extent here pertinent, merely denied incidental relief. Such order is not embraced within the appeals authorized by statute in a habeas corpus proceeding (CPLR, § 7011). In any event...

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