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PEOPLE EX REL. HIRSCHBERG v. MCNEILL

303 N.Y. 464 (1952)

The People of the State of New York ex rel. Henry Hirschberg, Petitioner, on Behalf of John W. Delaney, Relator, Appellant, v. John F. McNeill, as Superintendent of Matteawan State Hospital, Respondent.

Court of Appeals of the State of New York.

Decided January 25, 1952

Attorney(s) appearing for the Case

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.

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

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...

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