Legal Opinion

People ex rel. Kuby v. Warden

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 2003PublishedCited by 6 opinions

1Opinion of the Court

Proceeding pursuant to CPLR 7002 (b) for a writ of habeas corpus directing the immediate release of Iourii P. Litvinenko, who is incarcerated in the Brooklyn House of Detention for contempt pursuant to an order of the Supreme Court, New York County, dated March 10, 2003, entered in an action entitled IBE Trade Corp. v Litvinenko., under Index No. 122268/99.

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

Although it is well settled that a writ of habeas corpus may not be used to review questions that could have been raised on direct appeal…

2Cases cited7 opinions

  1. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
  2. People ex rel. Keitt v. McMannNew York Court of Appeals · 1966
  3. N. A. Development Co. v. JonesAppellate Division of the Supreme Court of the State of New York · 1984
  4. People ex rel. Pearson v. GarvinAppellate Division of the Supreme Court of the State of New York · 1995
  5. Ellenberg v. BrachAppellate Division of the Supreme Court of the State of New York · 1982

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. People ex rel. Rosenfeld v. SposatoAppellate Division of the Supreme Court of the State of New York · 2011
  2. IBE Trade Corp. v. LitvinenkoAppellate Division of the Supreme Court of the State of New York · 2005
  3. Matter of Goetz Fitzpatrick LLP v. OTR Media Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  4. Matter of Goetz Fitzpatrick LLP v. OTR Media Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  5. People ex rel. Gordon v. HeathAppellate Division of the Supreme Court of the State of New York · 2014

1 more not listed; retrieve them via the Exa API.

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