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People ex rel. Rey v. Court of Special Sessions

47 N.Y. St. Rep. 248 Court N.Y. Gen. Term Decision date 1892-06-29 English

Delivered by *249 Van Brunt, P. J.

Contents

Majority

p. 248
The People ex rel. Samuel Rey, App’lt, v. The Court of Special Sessions, Resp’t.
(Supreme Court, General Term, First Department,
Filed June 29, 1892.)

Headnote

Certiorari—Criminal proceedings—Abandonment.
• Certiorari does not lie to review an affirmance bv the special sessions of an order of a magistrate in abandonment proceedings. The only mode of review is by appeal.
(People ex rel. Gunther v. Murray, 62 Hun, 30 ; 41 St. Rep., 301 , followed.)
Certiorari to review the determination of the court of special sessions affirming'an order of a police magistrate in abandonment proceedings.
Fromme Bros., for app’lt; H. J. Appel, Jr., for resp’t.

—In view of the decision of this court in The People ex rel. Gunther v. Murray, 62 Hun, 30 ; 41 St. Rep., 301 , it does not seem necessary to discuss the points which are presented upon this appeal, as they were all disposed of in that case, and we see no distinction which possibly can be drawn between the case as there presented, and the one at bar in respect to the reasons for the conclusion arrived at.

The writ should be dismissed, with $10 costs and disbursements.

O’Brien and Patterson, JJ., concur.