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People ex rel. Emmino v. Johnston

10 A.D.2d 788 Court N.Y. App. Div. Decision date 1960-03-28 English

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p. 788
The People of the State of New York ex rel. Anthony Emmino, Appellant, against W. Cecil Johnston, as Director of Dannemora State Hospital, Respondent.

The order is affirmed upon the finding of the lower court of failure to comply with article 77 of the Civil Practice Act. The petition is defective for noncompliance with subdivision 6 of section 1234 of the Civil Practice Act. Accordingly, we do not consider the merits of the application. Order unanimously affirmed, without costs. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.