Lefkowitz v. Cioffi

Petitioner brings this article 78 proceeding seeking a judgment prohibiting the respondent Justice from releasing the individual respondent Jerry Greene on bail pending appeal from a judgment of conviction .and to declare null and void an order ¡setting bail in. the amount of $10,000.

Initially, we note that .although the .application before the respondent Justice was ¡denominated ,as one for a writ of habeas corpus, it is clear that the relief sought was for a .stay .of execution of judgment pursuant to CPL 460.60. Since no appeal lies from an order granting la stay of execution of judgment…