In re Cross

CourtNew York Court of Appeals
Citation87 N.E.2d 68,299 N.Y. 680
Decision Date24 October 1949
PartiesApplication of Rosemary CROSS.

299 N.Y. 680
87 N.E.2d 68

Application of Rosemary CROSS.

Court of Appeals of New York.

May 26, 1949.
Writ of Certiorari Denied Oct. 24, 1949.

Sec 70 S.Ct. .


Appeal from Supreme Court, Appellate Division, Second Department, 275 App.Div. 719, 87 N.Y.S.2d 338.

Proceeding in the matter of the application of Rosemary Cross for a certificate pursuant to Section 57 of the Code of Criminal Procedure that it was reasonable that crime charged should be prosecuted by indictment.

From an order denying the application, Rosemary Cross, opposed by Ilse Kiliani, appealed. The appeal was dismissed by the Appellate Division, 275 App.Div. 719, 87 N.Y.S2d 338, on the ground that the order was not appealable, and Rosemary Cross appeals.

[87 N.E.2d 68]

Motion to dismiss appeal taken as of right granted and appeal dismissed with costs and $10 costs of motion. Motion for an order amending the notice of appeal denied.

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2 practice notes
  • People v. Charles F.
    • United States
    • United States Court of Appeals (New York)
    • December 20, 1983
    ...exercise of discretion normally not subject to appellate review. (Matter of Cross [Kiliani], 275 App.Div. 719, 87 N.Y.S.2d 338 app. dsmd. 299 N.Y. 680, 87 N.E.2d 68, cert. den. 338 U.S. 859, 70 S.Ct. 101, 94 L.Ed. 5 We do not now pass on whether other legislative schemes to provide for the ......
  • People v. Brownstein
    • United States
    • New York Supreme Court Appellate Division
    • June 7, 1960
    ...does not affect the nonappealability of the order. See Matter of Cross (Kiliani), 275 App.Div. 719, 87 N.Y.S.2d 338, appeal dismissed 299 N.Y. 680, 87 N.E.2d 68, certiorari denied Cross v. Kiliani, 338 U.S. 859, 70 S.Ct. 101, 94 L.Ed. 526, which dealt with an appeal from a denial of a motio......
2 cases
  • People v. Charles F.
    • United States
    • United States Court of Appeals (New York)
    • December 20, 1983
    ...exercise of discretion normally not subject to appellate review. (Matter of Cross [Kiliani], 275 App.Div. 719, 87 N.Y.S.2d 338 app. dsmd. 299 N.Y. 680, 87 N.E.2d 68, cert. den. 338 U.S. 859, 70 S.Ct. 101, 94 L.Ed. 5 We do not now pass on whether other legislative schemes to provide for the ......
  • People v. Brownstein
    • United States
    • New York Supreme Court Appellate Division
    • June 7, 1960
    ...does not affect the nonappealability of the order. See Matter of Cross (Kiliani), 275 App.Div. 719, 87 N.Y.S.2d 338, appeal dismissed 299 N.Y. 680, 87 N.E.2d 68, certiorari denied Cross v. Kiliani, 338 U.S. 859, 70 S.Ct. 101, 94 L.Ed. 526, which dealt with an appeal from a denial of a motio......

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