People Ex Rel. Morriale v. Branham
New York Court of Appeals
I. The Court of Appeals did not misapprehend the law. (Grimmer y. Tenement House Department of N. Y., 205 N. Y. 549; Matter of Naylor, 284 N. Y. 188.) II. The respondent misapprehended the law on temporary and provisional commitments. (Sporsa v. German Savings Bank, 192 N. Y. 8; Matter of Cornell, 111 Yt. 525.) III. Relator’s writ and petition as finally submitted to the Special Term attacked only the legality of the commitment of the County Court.
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I. The Court of Appeals did not misapprehend the law. (Grimmer y. Tenement House Department of N. Y., 205 N. Y. 549; Matter of Naylor, 284 N. Y. 188.) II. The respondent misapprehended the law on temporary and provisional commitments. (Sporsa v. German Savings Bank, 192 N. Y. 8; Matter of Cornell, 111 Yt. 525.) III. Relator’s writ and petition as finally submitted to the Special Term attacked only the legality of the commitment of the County Court. I. The court should follow the administrative interpretation of the statute. (Reports of Attorney-General (1932) 311; People ex rel. Werner v.…
1Per curiam
Upon reargument the court finds no reason to modify its decision that the order of the Appellate Division should be reversed and that of Special Term affirmed. The parties by stipulation defined the questions of law which “ is understood ⅝ * * are involved in this proceeding ”. The question whether a person detained as insane without a valid judicial determination of insanity should be discharged without inquiry whether in fact the person is insane, was not presented at Special Term and may not be considered upon this appeal.
The order- of the Appellate Division should be reversed and that of…
2Cited by6 opinions
- O'LearyMassachusetts Supreme Judicial Court · 1950
- Jay's Stores, Inc. v. Ann Lewis Shops, Inc.New York Court of Appeals · 1965
- People ex rel. Dinitz v. HunterAppellate Division of the Supreme Court of the State of New York · 1987
- People ex rel. Conklin v. WebsterAppellate Division of the Supreme Court of the State of New York · 1944
- In re for the Certification of CoatesNew York Supreme Court · 1958
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