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People ex rel. Holdridge v. Herold

24 A.D.2d 728 Court N.Y. App. Div. Decision date 1965-09-21 English

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p. 728
The People of the State of New York ex rel. Neil Thomas Holdridge, Appellant, v. Ross E. Herold, as Director of Dannemora State Hospital, Respondent.

Motion for permission to proceed as a poor person and assignment of counsel denied, and appeal dismissed, without costs, on the ground no timely appeal was taken. Petitioner may raise the question whether he was prevented by hospital authorities from filing a timely notice of appeal in a subsequent petition for a writ of habeas corpus (CPLR 7002, subd. [e], par. 6). Herlihy, J. P., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.