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People ex rel. Hadley v. Murphy

6 A.D.2d 769 Court N.Y. App. Div. Decision date 1958-05-16 English

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p. 769
The People of the State of New York ex rel. James Hadley, Appellant, against Robert E. Murphy, as Warden of Auburn Prison, Respondent.

Order affirmed, without costs of this appeal to either party, on the ground that the application for a writ of habeas corpus is premature. All concur. (Appeal from an order of Cayuga County Court dismissing a writ of habeas corpus and remanding relator to the custody of the warden of Auburn prison.) Present — McCurn, P. J., Williams, Bastow, Goldman and Halpern, JJ.