People ex rel. Moore v. Scully

In a proceeding pursuant to CPLR article 70, the petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Dutchess County (Hillery, J.), dated June 3, 1992, as, upon the return of an order to show cause issued pursuant to CPLR 7003 (a) to, inter alia, inquire into the cause of his detention, dismissed the proceeding without prejudice to renew the application in Albany County.

Ordered that the judgment is modified, on the law, by deleting the provision thereof granting leave to renew the application in Albany County; as so modified, the judgment is affirmed…