Legal Opinion

State ex rel. Wallace v. Lhotan

Appellate Division of the Supreme Court of the State of New York

Decided May 5, 1975PublishedCited by 4 opinions

1Opinion of the Court

In a habeas corpus proceeding, the appeal is from an order of the Supreme Court, Nassau County, dated December 23, 1974, which denied a motion to dismiss the proceeding or, in the alternative, for a stay. Appeal dismissed, without costs. No appeal lies from an intermediate order in a habeas corpus proceeding (CPLR 7011; People ex rel. Tatra v McNeill, 19 AD2d 845). If the *666issues were before us on the merits, we would affirm. Martuscello, Acting P. J., Latham, Cohalan, Christ and Shapiro, JJ., concur.

2Cases cited1 opinion

  1. People ex rel. Tatra v. McNeillAppellate Division of the Supreme Court of the State of New York · 1963

3Cited by4 opinions

  1. State ex rel. Wallace v. LhotanAppellate Division of the Supreme Court of the State of New York · 1976
  2. People ex rel. Williams v. Windham Child CareAppellate Division of the Supreme Court of the State of New York · 1976
  3. People ex rel. Ardito v. TrujilloAppellate Division of the Supreme Court of the State of New York · 1982
  4. Wilkes v. WilkesAppellate Division of the Supreme Court of the State of New York · 1995