State ex rel. Sassower on Behalf of Polur v. Cunningham
| Decision Date | 29 July 1985 |
| Citation | 492 N.Y.S.2d 608,112 A.D.2d 119 |
| Parties | The STATE of New York, ex rel. George SASSOWER, on Behalf of Sam POLUR, etc., Petitioner, v. John CUNNINGHAM, Warden, etc., Respondent. |
| Court | New York Supreme Court — Appellate Division |
Sam Polur, pro se.
R. Trachtenberg, New York City, for respondent.
Before SULLIVAN, J.P., and ROSS, MILONAS, KASSAL, ROSENBERGER, JJ.
Application by petitioner Polur for a writ of habeas corpus pursuant to CPLR 7002(b)(2), dismissed, without costs.
Petitioner seeks a writ of habeas corpus with respect to a 30-day sentence imposed in an adjudication, which found him in contempt. It unquestionably appears from the papers submitted that there have been flagrant violations of the injunction contained in the prior order of Justice Gammerman, entered January 26, 1985. While counsel for petitioner has argued that the order of Justice Gammerman was improper and, therefore, void, no appeal from that order was ever taken and, as far as appears, it is a valid order, binding upon the petitioner. Having failed to appeal, petitioner may not disregard the order with impunity nor may he use the contempt citation to revive any right to appeal or otherwise challenge the underlying order, which right terminated as a result of his failure to appeal therefrom.
Moreover, it appears, without dispute, that petitioner had previously sought a writ of habeas corpus before Justice Sandifer, pursuant to CPLR 7002(b)(1) and (3), which application was dismissed by order entered July 17, 1985. The dismissal was directed "as a matter of law", after a hearing on the merits, which afforded him an opportunity to adduce relevant proof bearing upon the claimed illegality of his detention. An appeal has been taken, both from the original contempt order of Justice Klein and from the order of Justice Sandifer which dismissed the petition for a writ of habeas corpus. Since the petition fails to present any new ground, not previously presented on the prior petition for a writ before Justice Sandifer, this is a "successive" petition for a writ under CPLR 7003(b). The only argument not made previously before Justice Sandifer is the claim that the arrest was improper since no warrant had been issued. However, petitioner's reliance upon former section 757 of the Judiciary Law lacks merit since the statute was repealed by the Legislature in 1977 (Laws of 1977, chapter 437, section 1). Furthermore, there was a legal mandate for...
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Clark, In re
...163 A.D.2d 759, 559 N.Y.S.2d 46, 47.) A successive petition with no new ground may not be entertained. (People ex rel. Sassower v. Cunningham (1985) 112 A.D.2d 119, 492 N.Y.S.2d 608, 609.) In Oregon a petitioner who was represented by counsel in a prior postconviction proceeding is foreclos......
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Polur v. Raffe
...New York ex rel. Polur v. Sheriff of the City of New York, No. 16595/85 (N.Y.Sup.Ct. July 17, 1985); New York ex rel. Sassower v. Cunningham, 112 A.D.2d 119, 492 N.Y.S.2d 608 (1st Dep't) (mem.), appeal dismissed, 66 N.Y.2d 914, 489 N.E.2d 772, 498 N.Y.S.2d 1026 (1985). A petition filed in f......
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Polur v. Raffe
... ... Klein, Justice of the Supreme Court, State of New York, County of New York, David H. Edwards, Jr., ... court also disqualified Raffe's attorney, George Sassower, due to a conflict of interest caused by Sassower's ... The State Of New York ex rel. Sam Polur v. The Sheriff of the City of New York, No ... The State of New York ex rel. George Sassower on behalf of Sam Polur, 112 A.D.2d 119, 492 N.Y.S.2d 608, 609 (1985) ... ...
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Dailey v. Allerton
...two Investigators, respondents' failure to appeal from the judgment precludes review of that issue (see, People ex rel. Sassower v. Cunningham, 112 A.D.2d 119, 120, 492 N.Y.S.2d 608, appeal dismissed 66 N.Y.2d 914, 498 N.Y.S.2d 1026, 489 N.E.2d 772). Further, respondents did not raise the i......