People ex rel. Breedan v. Zelker

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated April 19, 1972, which dismissed the writ. Judgment affirmed, without costs. The notice of appeal states that the appeal is taken from the decision of the Special Term. An appeal may be taken only from a judgment or an order (CPLR 5512, subd. [a]) and no appeal lies from a decision (Casterlin v. Mullin, 26 A D 2d 629; La Barbera Gontr. Go. v. City School Dist. of New Rochelle-, 26 A D 2d 682). However, we have the power to treat the notice of appeal as a proper one upon appeal from…