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RUGG v. STATE OF NEW YORK

303 N.Y. 361 (1951)

Clayton A. Rugg, Jr., Respondent, v. State of New York, Appellant. (Motion No. 1654.)

Court of Appeals of the State of New York.

Decided December 6, 1951

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Ronald E. Coleman and Wendell P. Brown of counsel), for appellant.

Ernest B. Morris and Harold W. Katz for respondent.

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

Per Curiam.

The order appealed from is a nonunanimous reversal of a final order in a special proceeding and so no leave to appeal or certified question was necessary (see Skakandy v. State of New York, 298 N.Y. 886; Natoli v. Board of Educ. of City of Norwich, 303 N.Y. 646). It cannot be said as matter of law that the allegations of the moving affidavit do not comply with...

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