PEOPLE EX REL. HIRSCHBERG v. McNEILL, N.Y., Judgment, Law, casemine.com

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Attorney(S)

Henry Hirschberg and Ernest M. Levinson for appellant. Nathaniel L. Goldstein, Attorney-General ( Raymond B. Madden, Wendell P. Brown and Herman N. Harcourt of counsel), for respondent.

Judges

Per Curiam.

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THE PEOPLE OF THE STATE OF NEW YORK ex rel. HENRY HIRSCHBERG, Petitioner, on Behalf of JOHN W. DELANEY, Relator, Appellant, against JOHN F. McNEILL, as Superintendent of Matteawan State Hospital, Respondent.

Per Curiam.

Subdivision 4 of section 588 of the Civil Practice Act authorizes an appeal directly to this court from appropriate judgments or orders "where the only question involved on the appeal is the validity of a statutory provision of the state or of the United States under the constitution of the state or of the United States". The validity of no statutory provision of the State or of the United States is here involved. The rule only of the hospital is questioned. Such a rule is not a statute within the meaning of the State Constitution (cf. F.T.B. Realty Corp. v. Goodman, 300 N.Y. 140, 144, 145).

The appeal should be dismissed, without costs.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Appeal dismissed.

PEOPLE EX REL. HIRSCHBERG v. McNEILL

THE PEOPLE OF THE STATE OF NEW YORK ex rel. HENRY HIRSCHBERG, Petitioner, on Behalf of JOHN W. DELANEY, Relator, Appellant, against JOHN F. McNEILL, as Superintendent of Matteawan State Hospital, Respondent.

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