People ex rel. Garber v. Garber

Order entered on April 26, 1962, denying relator’s motion for a; rehearing, unanimously affirmed, without costs. The notice of motion dated April 3, 1962 sought “ a rehearing of the writ of habeas corpus previously disposed of before this Court”. The disposition was grounded on the stipulation of the parties before the court. No final order was entered. When the application for a rehearing came on at Special Term, it was properly referred to the Justice before whom the hearing on the writ was held. (Cf. Travitzky v. Schamroth, 277 App. Div. 1018.) It was improper to refuse to entertain the…