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MATTER OF ERICKSON v. WILLIAMS

277 A.D. 696 (1951)

In the Matter of Frank Erickson, Appellant, v. Albert Williams, as Commissioner of Correction, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

February 15, 1951.

Attorney(s) appearing for the Case

Harold H. Corbin for appellant.

Saul Moskoff of counsel (John P. McGrath, Corporation Counsel), for Albert Williams, as Commissioner of Correction, and Thomas McDonnell, as Warden of the New York City Penitentiary at Rikers Island, respondents.

David I. Shivitz of counsel (Rudolph Halley, chief counsel), for Special Committee of the Senate of the United States.

PECK, P. J., COHN, CALLAHAN and VAN VOORHIS, JJ., concur in Per Curiam opinion; HEFFERNAN, J., dissents and votes to reverse, in opinion.

Per Curiam.

The Report of the Joint Legislative Committee on the Simplification of Civil Practice ([1919], p. 254) shows that the present section 415 et seq. of the Civil Practice Act and section 10-c of the Code of Criminal Procedure (as amd. by L. 1950, ch. 766) were recommended so as to substitute proceeding by means of an order for the production of a prisoner as a witness for the former writ of habeas corpus ad testificandum. Giving the language...

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