People ex rel. Gamaldi v. Warden Kings County Jail
Appellate Division of the Supreme Court of the State of New York
Appeal by Donato Perreco from an order of the Supreme Court, made at the Kings County Special Term on the 7th day of November, 1913, sustaining a writ of habeas corpus and dismissing the relator from custody.
1Opinion of the Court
Burr, J.:
Donato Perreco, a person interested in continuing the imprisonment of Francesco Lovascio, appeals to this court from an order of the Special Term of the Supreme Court sustaining a writ of habeas corpus and directing the “ warden of the Kings County jail, and the sheriff of the County of Kings and any and all other persons having Francesco Lovascio in custody ” to immediately release him. He has a standing to prosecute such appeal. (Code Civ. Proc. § 2038; Matter of Leggat, 162 N. Y. 437; People ex rel. Asmus v. Melody, 91 App. Div. 569.) The petition for the writ states that the said…
2Cases cited4 opinions
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- People Ex Rel. Danziger v. Protestant Episcopal House of MercyNew York Court of Appeals · 1891
- Matter of LeggatNew York Court of Appeals · 1900
- People ex rel. Asmus v. MelodyAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by3 opinions
- Jensen v. SevyUtah Supreme Court · 1943
- People ex rel. Saporito v. Warden of the PenitentiaryAppellate Division of the Supreme Court of the State of New York · 1935
- People ex rel. Riccio v. BrittAppellate Division of the Supreme Court of the State of New York · 1955