Majority
p. 721The People of the State of New York ex rel. Sigmund L. Wortherly, Appellant, v. John L. Zelker, as Superintendent of Green Haven Correctional Facility, Respondent.
In a habeas corpus proceeding, relator appeals from a purported judgment of the Supreme Court, Dutchess County, which the notice of appeal states was entered October 4, 1971. No judgment was entered and the appeal was apparently taken from" a decision of that court handed down the same day. Appeal dismissed, without costs. No appeal lies from a decision. However, we have considered appellant’s contentions and, if the appeal were properly before us, we would affirm, on the authority of People v. Dwight S. ( 29 N Y 2d 172 ). Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.
Cases cited
- People v. Dwight S. 29 N Y 2d 172 p. 721