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People ex rel. Kesselbaum v. Fox

144 A.D. 628 Court First Department, Decision date 1911-05-12 English

Delivered by Ingraham, P. J.:

Contents

Majority

p. 628
The People of the State of New York ex rel. Rose Kesselbaum, Respondent, v. Frank Fox, Warden of the Workhouse, Defendant. The People of the State of New York, Appellant.
First Department,
May 12, 1911.

Headnote

See head note in People ex rel. Barone v. Fox {ante, p. 611).
■ Appeal by the People of. the State of New York from an order of the. Supreme Court, made at the New York Special Term and entered in the office of -the clerk of the county of New York on the 20th day of December, 1910, sustaining a writ of habeas corpus and discharging the relator from custody,
Robert S. Johnstone, Deputy Assistant District Attorney, for the appellant.
Bertha Rembaugh, for the respondent.

For the reasons stated in the appeal in People ex rel. Barone v. Fox ( 144 App. Div. 611 ), decided herewith, the order appealed from must be reversed, and the proceeding dismissed, and the relator remanded.

Laughlin and- Miller, JJ,, concurred; Clarke and Dowling, JJ., dissented. ' •

■ Order reversed, proceeding dismissed, and relator remanded.

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