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MATTER OF BREVORKA EX REL. WITTLE v. SCHUSE

227 A.D.2d 969 (1996)

643 N.Y.S.2d 861

In the Matter of Peter J. Brevorka ex rel. Ruth E. Wittle, Respondent, v. Jean Schuse et al., Appellants. Ruth E. Wittle, Appellant. (Appeal No. 1.)

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

May 31, 1996

Order unanimously affirmed without costs.

Memorandum:

No appeal lies as of right from an intermediate order in a habeas corpus proceeding (see, CPLR 5701 [a]; 7011). In the exercise of our discretion, we treat the notice of appeal as an application for permission to appeal and grant permission (see, CPLR 5701 [c]).

Supreme Court properly denied respondents' motion to dismiss the habeas corpus petition. Respondents contend that petitioner...

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