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People ex rel. Van Nostrand v. Simis

45 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1897-04-26 English

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p. 1146
PEOPLE ex rel. VAN NOSTRAND, Respondent, v. SIMIS et al., Appellants.
(Supreme Court, Appellate Division, Second Department.
April 26, 1897.)

Headnote

Proceeding on the relation of David L. Van Nostrand, as chairman of the Queens county board of supervisors, against Adolph Simis, Charles J. Henry, and John H. Burtis, as commissioners of charities and corrections of the county of Kings, and Patrick Hayes, as warden or keeper of the Kings county penitentiary.

No opinion. Appeal dismissed, without costs, on the ground that the question in this particular case is no longer a practical one, and the record is insufficient to enable this court to lay down any

p. 1147
general rule. The situation presents a condition tor legislative action, rather than for judicial construction.