Greene v. Supreme Court, Westchester County, Special Term, Part I
| Decision Date | 23 December 1968 |
| Citation | 297 N.Y.S.2d 599,31 A.D.2d 649 |
| Parties | In the Matter of Robert GREENE, Petitioner, SUPREME COURT, SUPREME COURT, State of New York, WESTCHESTER COUNTY, SPECIAL TERM, PART I, et al., Respondents. |
| Court | New York Supreme Court — Appellate Division |
Before BELDOCK, P. J., and CHRIST, BRENNAN, RABIN and HOPKINS, JJ.
MEMORANDUM BY THE COURT.
In this proceeding under article 78 of the CPLR, petitioner, presently an inmate of Clinton Prison, Dannemora, New York, under a sentence imposed pursuant to a conviction, has applied for an order compelling the Supreme Court, Westchester County, to restore to its calendar at Special Term a habeas corpus proceeding instituted by him at a time when he was an inmate of Sing Sing Prison, Ossining, New York.
Proceeding dismissed on the merits, without costs.
The habeas corpus proceeding was properly commenced by petitioner in the Supreme Court, Westchester County, since he was then an inmate of a State prison within Westchester County (CPLR 7004, subd. (c); Matter of Hogan v. Culkin, 18 N.Y.2d 330, 274 N.Y.S.2d 881 221 N.E.2d 546). During the pendency of that proceeding, the Supreme Court, Westchester County, assigned counsel to petitioner. On request of petitioner, his original counsel was relieved and William M. Kunstler was assigned in his stead on December 4, 1967. On January 5, 1968 Mr. Kunstler appeared and a hearing was directed to be held on January 26, 1968. By consent of counsel, the hearing was adjourned, successively, until March 8, 1968.
In the meantime, petitioner was transferred to Dannemora State Hospital, within Clinton County, as a mentally ill prisoner on February 22, 1968. On February 29, 1968, Mr. Kunstler, apparently without knowledge of the removal of petitioner from Westchester County, requested to be relieved from the assignment, because of the pressure of other matters to which he was committed. Later, before the adjourned date of the hearing, Mr. Kunstler was informed of the transfer of petitioner to Dannemora State Hospital, and renewed his application to be relieved. The court then directed that the hearing be adjourned indefinitely and the matter marked off the calender until petitioner would be able to proceed. On June 17, 1968 the court relieved Mr. Kunstler of his assignment.
On July 18, 1968, petitioner was released from the State Hospital, apparently as recovered, and transferred to Clinton Prison at Dannemora. On July 23, 1968, he applied to the Supreme Court, Westchester County for the restoration of the proceeding to the calendar at Special Term. Subsequently, he sought the same relief from the Attorney-General. Sometime in September, 1968, the records in the proceeding were transferred to the Supreme Court, Clinton County.
Petitioner argues that his proceeding, having been properly begun in Supreme Court, Westchester County, still remains there and that a prompt hearing should...
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ex rel. Leo v. Stanley
...other than that in which they were detained” (id. at 333, 274 N.Y.S.2d 881, 221 N.E.2d 546; see Greene v. Supreme Ct., Westchester County, 31 A.D.2d 649, 649–650, 297 N.Y.S.2d 599 [2d Dept.1968] [provision intended to avoid “burden of transporting prisoners who have instituted such proceedi......
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Article 70 of the CPLR for A Writ of Habeas Corpus, the Nonhuman Rights Project, Inc. ex rel. Hercules & Leo v. Stanley
...than that in which they were detained” (id. at 333, 274 N.Y.S.2d 881, 221 N.E.2d 546 ; see Greene v. Supreme Ct., Westchester County, 31 A.D.2d 649, 649–650, 297 N.Y.S.2d 599 [2d Dept.1968] [provision intended to avoid “burden of transporting prisoners who have instituted such proceedings t......
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People ex rel. Greene v. Deegan
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