People ex rel. Wilkes v. Fay
| Decision Date | 27 March 1967 |
| Citation | 278 N.Y.S.2d 581,27 A.D.2d 860 |
| Parties | The PEOPLE, etc., ex rel. William WILKES, Appellant, v. Edward M. FAY, Warden of Green Haven Prison, etc., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Before UGHETTA, Acting P.J., and CHRIST, BRENNAN, RABIN and HOPKINS, JJ.
MEMORANDUM BY THE COURT.
Appeal from a decision of the Supreme Court, Dutchess County, dated September 12, 1963, dismissed, without costs.
No appeal lies from a decision. The notice of appeal erroneously refers to the decision as an 'order'. The briefs of both parties erroneously state that the appeal is from an order entered October 3, 1963. No judgment or order was made on the decision; no order was made in this habeas corpus proceeding on September 12, 1963 or October 3, 1963. However, were the merits of the decision properly before us on appeal, we would have affirmed the determination.
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3 cases
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Finetti v. Harris
...basis for a finding of illegal detention." Since the clerk's "decision" apparently is not appealable, See People ex rel. Wilkes v. Fay, 27 A.D.2d 860, 278 N.Y.S.2d 581 (2nd Dept. 1967), all avenues of state review of the order denying bail pending appeal appear to have been foreclosed to Th......
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Finetti v. Harris
...of the court. The clerk's decision that the petition "may not be entertained" is not appealable. See: People ex rel. Wilkes v. Fay, 27 A.D.2d 860, 278 N.Y.S.2d 581 (2d Dept. 1967).4 We recognize that some other proceeding in the state courts, such as a mandamus action against the clerk, mig......
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Pulaski v. Hopkins, CV-90-0121.
...Finetti v. Harris, 609 F.2d at 596 n. 3. Since the Clerk's "decision" was apparently not appealable, see People ex rel. Wilkes v. Fay, 27 A.D.2d 860, 278 N.Y.S.2d 581 (2nd Dept. 1967), the federal habeas court held that all avenues of state review of the bail denial had been foreclosed to F......