People ex rel. Gantz v. Herold

Appeal from a judgment of the Supreme Court, Clinton County, dismissing relator’s petition for a writ of habeas corpus for failure to comply with the provisions of CPLR article 70. It is clear that relator’s petition fails to comply with CPLR 7002 (subd. [e], par. 1) and 7002 (subd. [c], par. 6) and thus was properly dismissed by the court below (e.g., People ex rel. Dunn v. McMann, 23 A D 2d 510). Appellant urges that we consider his brief, the appendix to which supplies the deleted material, as a de novo application for the writ to the original jurisdiction of this court. However, in…