People ex rel. Margolis v. Dunston

Judgment, Supreme Court, Bronx County (Douglas E. Mc-Keon, J.), entered April 17, 1991, which granted the application of relator for a writ of habeas corpus and directed his immediate release, unanimously affirmed, without costs. This court’s previously granted stay of enforcement of such judgment pending determination of appeal is hereby vacated.

Initially, in the circumstances herein, we reject appellant’s argument that the petition for a writ of habeas corpus was improperly commenced, as direct appeal is available. Although Family Court Act § 365.1 (1) grants to relator the *517general right of…