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People ex rel. Major v. Casscles

42 A.D.2d 916 Court N.Y. App. Div. Decision date 1973-09-19 English

Contents

Majority

p. 916
The People of the State of New York ex rel. Charles A. Major, Petitioner, v. J. Leland Casscles, as Superintendent of Great Meadow Correctional Facility, Respondent.

Application, pursuant to CPLR 7002 (subd. [b], par. 2), for a writ of habeas corpus denied for legal insufficiency, in that there is no showing that petitioner's present confinement is illegal or improper (see Penal Law, § 70.40, subd. 3), and, in addition, for failure of compliance with CPLR, article 70, and more particularly with the provisions of CPLR 7002, (subd. [c]). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Reynolds, JJ., concur.