PEOPLE EX REL. GANTZ v. HEROLD


24 A.D.2d 776 (1965)

The People of the State of New York ex rel. Frank Gantz, Appellant, v. Ross E. Herold, as Director of Dannemora State Hospital, Respondent

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

October 22, 1965


REYNOLDS, J.

However, in proceedings of this nature we cannot sanction the supplying of the missing information for the first time in this court so as to cure the fatal defect. The orderly processing of the myriad of cases such as the instant one requires us, except in extremely unusual cases, to limit our function to appellate review. Thus appellant should have resubmitted his petition in corrected form to the court below for its initial determination...

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