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People ex rel. Rubin v. Warden of Attica State Prison

295 N.Y. 826 Court N.Y. Decision date 1946-03-07 English

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p. 826
The People of the State of New York ex rel. David Rubin, Appellant, against Warden of Attica State Prison, Respondent.
Submitted February 25, 1946;
decided March 7, 1946.
David Rubin, in person, for motion.
Nathaniel L. Goldstein, Attorney-General (Emil L. Cohen of counsel), opposed.

Motion dismissed on the ground that no appeal lies to this court from the order of the Appellate Division denying leave to prosecute an appeal to that court as a poor person, since the order does not finally determine the proceeding within the meaning of the Constitution.