Hyperlawhypertext legal database People ex rel. Malinowski v. Casscles 38 N.Y.2d 982

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People ex rel. Malinowski v. Casscles

38 N.Y.2d 982 Court N.Y. Decision date 1976-03-25 English

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p. 982
The People of the State of New York ex rel. George Malinowski, Appellant, v J. Leland Casscles, as Superintendent of Great Meadow Correctional Facility, et al., Respondents.
Submitted February 23, 1976;
decided March 25, 1976
Lanny E. Walter for motion.
Louis J. Lefkowitz, Attorney-General, opposed.

On the court’s own motion, appeal transferred to the Appellate Division, Third Department, without costs. A direct appeal does not lie where questions other than the constitutional validity of. a statutory provision are involved (NY Const, art VI, § 5, subd b; CPLR 5601, subd [b], par 2; Matter of Bartsch v State of New York, 33 NY2d 938 ). In this case there is at least a procedural question as to whether habeas corpus is an available or appropriate remedy.

Motion for a preference dismissed as academic.

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