Soriano v. Kane — 215 N.Y. 712

Majority

p. 712

In the Matter of the Application of Joseph Soriano, Appellant, for a Writ of Habeas Corpus against James Kane, Warden of the City Prison in the County of Kings, Respondent.

(Submitted June 7, 1915;

decided June 15, 1915.)

Headnote

Reported below, 166 App. Div. 935 .

Motion to dismiss an appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 15, 1915, which affirmed an order of Special Term dismissing a writ of habeas corpus. -

p. 713

The motion was made upon the ground of failure to file the required undertaking.

Frank L. Polk, Corporation Counsel (John H. Greener of counsel), for motion.

Franklin Bien opposed.

Motion denied. (See People ex rel. Van Riper v. N. Y. Catholic Protectory, 106 N. Y. 604 ; People ex rel. N. Y. Society P. C. C. v. Gilmore, 88 N. Y. 626 .)

Cases cited

People ex rel. Van Riper v. New York Catholic Protectory 106 N. Y. 604 N.Y. 1887-10-04 p. 713
People ex rel. New York Society for the Prevention of Cruelty to Children v. Gilmore 88 N. Y. 626 N.Y. 1882-04-11 p. 713