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People ex rel. Kurzynski v. Hunt

The People of the State of New York ex rel. Paul Kurzynski v. William Hunt, as Warden of Attica State Prison, Attica, New York

People ex rel. Kurzynski v. Hunt, 257 A.D. 1032 (1939)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
June 28, 1939
Citations
257 A.D. 103213 N.Y.S.2d 5661939 N.Y. App. Div. LEXIS 8964

Opinion of the Court

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— Order affirmed, without costs of this appeal to either party. Memorandum: “ The action of the Parole Board in revoking relator’s parole, and in ordering him returned to prison, is not subject to review in this proceeding.” (People ex rel. Kurzynski v. Hunt, 250 App. Div. 378 .) Had relator not waived extradition proceedings and consented to return voluntarily, he could have been extradited as a fugitive from justice. (People ex rel. Hutchings v. Mallon, 218 App. Div. 461, 465, 468 ; affd., 245 N. Y. 521 .) The means employed to return the relator to this State do not relate to the restraint from which he seeks to be relieved. Hence, his return to this State, even if unlawful, does not make his imprisonment illegal. (People v. Dileo, 194 App. Div. 793, 794 , and cases cited; Pettibone v. Nichols, 203 U. S. 192 .) All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present — Sears, P. J., Crosby, Lewis, Cunningham and Dowling, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1952: 11955: 11975: 11998: 119522026peak 1952 · 1

Relies on it most ⓘ

  1. People v. Thang Thanh Nguyen177 Misc. 2d 16 (N.Y. Sup. Ct. 1998)
  2. Commonwealth ex rel. Rushkowski v. Burke89 A.2d 899 (Pa. Super. Ct. 1952)
  3. People v. Pagan84 Misc. 2d 565 (N.Y. Sup. Ct. 1975)
  4. People ex rel. Sharkey v. Martin285 A.D. 1011 (1955)

Most recent

  1. People v. Thang Thanh Nguyen177 Misc. 2d 16 (N.Y. Sup. Ct. 1998)
  2. People v. Pagan84 Misc. 2d 565 (N.Y. Sup. Ct. 1975)
  3. People ex rel. Sharkey v. Martin285 A.D. 1011 (1955)
  4. Commonwealth ex rel. Rushkowski v. Burke89 A.2d 899 (Pa. Super. Ct. 1952)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Pettibone v. Nichols, 203 U.S. 192 (1906) 137
People ex rel. Hutchings v. Mallon, 218 A.D. 461 (1926) 23
People ex rel. Kurzynski v. Hunt, 250 A.D. 378 (1937) 21
People v. Dileo, 194 A.D. 793 (1920) 11
People ex rel. Hutchings v. Mallon, 157 N.E. 842 (N.Y. 1927) 10

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