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People ex rel. Johnson v. McMann

27 A.D.2d 790 Court N.Y. App. Div. Decision date 1967-02-28 English

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p. 790
The People of the State of New York ex rel. Robert Lee Johnson, Appellant, v. Daniel J. McMann, as Warden of Clinton Prison, Respondent.

—■ Motion to be relieved of assignment on the ground that no timely appeal was taken denied. We deem the application of September 29,1966, a sufficient notice of appeal. Counsel is directed to correct the omission to file a copy thereof in the office of the Clerk of the County of Clinton, and appellant’s time to cure such omission extended to March 15, 1967. (CPLR 5520, subd. [a].) Gibson, P. J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur.