Legal Opinion
Brevorka ex rel. Wittle v. Schuse
Appellate Division of the Supreme Court of the State of New York
Decided May 31, 1996No. Appeal No. 1PublishedCited by 6 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: No appeal lies as of right from an intermediate order in a habeas corpus proceeding (see, CPLR 5701 [a]; 7011). In the exercise of our discretion, we treat the notice of appeal as an application for permission to appeal and grant permission (see, CPLR 5701 [c]).
Supreme Court properly denied respondents’ motion to dismiss the habeas corpus petition. Respondents contend that petitioner is precluded from seeking habeas corpus relief because the proper remedy is an order under article 81 of the Mental Hygiene Law. We disagree. "A person…
2Cases cited4 opinions
- State ex rel. Headley v. ConnorAppellate Division of the Supreme Court of the State of New York · 1982
- Siveke v. KeenaNew York Supreme Court · 1981
- Williams v. Director of the Long Island Home, Ltd.Appellate Division of the Supreme Court of the State of New York · 1971
- Kohler v. PinchevaNew York Supreme Court · 1984
3Cited by6 opinions
- Nonhuman Rights Project, Inc. ex rel. Tommy v. LaveryCourt for the Trial of Impeachments and Correction of Errors · 2018
- People ex rel. Jones v. ColladoAppellate Division of the Supreme Court of the State of New York · 2022
- Nonhuman Rights Project, Inc. ex rel. Hercules v. StanleyNew York Supreme Court · 2015
- Olu S. v. New York City Commissioner of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1997
- Matter of Nonhuman Rights Project, Inc. v. LaveryNew York Court of Appeals · 2018
1 more not listed; retrieve them via the Exa API.