Soviero v. Justile of Supreme Court, Queens County, Criminal Term, Part I

• Decision Date: 06 January 1966
• Citation: 267 N.Y.S.2d 209,17 N.Y.2d 489
• Parties: , 214 N.E.2d 373 In the Matter of Louis SOVIERO and Albert Altruda, Appellants, v. JUSTICE OF the SUPREME COURT, QUEENS COUNTY, CRIMINAL TERM, PART I. Respondent.
• Court: New York Court of Appeals Court of Appeals

Page 209

267 N.Y.S.2d 209

17 N.Y.2d 489, 214 N.E.2d 373

In the Matter of Louis SOVIERO and Albert Altruda, Appellants, v. JUSTICE OF the SUPREME COURT, QUEENS COUNTY, CRIMINAL TERM, PART I. Respondent.

Court of Appeals of New York.

Jan. 6, 1966.

Appeal from Supreme Court, Appellate Division, Second Department.

Proceeding was brought pursuant to CPLR Article 78 to compel the release of the petitioners from the custody of the Warden of Clinton Prison. The petitioners alleged that on September 1, 1965 they submitted a petition for coram nobis relief to the Supreme Court, Queens County, and that the District Attorney failed to oppose their petition, and that no further action was taken with respect thereto. In opposition to the motion, the Attorney General alleged that papers in opposition to the petition were filed and, as conceded by petitioners, were received by them on November 26, 1965, and that on December 10, 1965 their coram nobis application was denied by a Criminal Term of the Supreme Court, Queens County.

The Appellate Division entered an order dismissing the proceeding.

The petitioners made a motion in the Court of Appeals for leave to appeal.

Motion dismissed as moot.