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People ex rel. Taylor v. Herold

15 N.Y.2d 851 Court N.Y. Decision date 1965-02-11 English

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p. 851
The People of the State of New York ex rel. David D. Taylor, Appellant, v. Ross E. Herold, as Director of Dannemora State Hospital, Respondent.
Submitted February 1, 1965;
decided February 11, 1965.
p. 852
David D. Taylor, pro se, for motion.
No one opposed.

Motion dismissed. The order dismissing the writ from which an appeal is sought to be taken was made by a Justice of the Supreme Court, not by the Appellate Division, and, accordingly, the order is not appealable to the Court of Appeals (N. Y. Const., art. VI, § 3, subd. b; CPLR 5601, 5602). Relator is free to apply for a new writ and, if relief is again denied by a Justice of the Supreme Court, an appeal may be taken to the Appellate Division.