People ex rel. Kelly v. Herold — 23 A.D.2d 800

Majority

p. 800

The People of the State of New York ex rel. Curlean Kelly, Petitioner, v. Ross E. Herold, as Director of Dannemora State Hospital, Respondent.

Application, pursuant to CPLR 7002 (subd. [b], par. 2), for a writ of habeas corpus denied for failure of compliance with article 70 of the Civil Practice Law and Rules, and more particularly for petitioner’s failure to annex to the petition a copy of the mandate by virtue of which he is detained, as required by CPLR 7002 (subd. [c], par. 1), and as otherwise insufficient on its face. Judgment signed and entered. Gibson, P. J., Herlihy, Reynolds, Taylor and Aulisi, JJ., concur.