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People ex rel. Marcinkowski v. Martin

295 N.Y. 827 Court N.Y. Decision date 1946-03-07 English

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p. 827
The People of the State of New York ex rel. Roman J. Marcinkowski, Appellant, against Walter B. Martin, as Warden of Attica State Prison, Respondent.
Submitted February 25, 1946;
decided March 7, 1946.
p. 828
Roman J. Marcinkowski, in person, for motion,
Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, Patrick H. Clune and Irving 1. Waooman 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.