219 N.Y.S.2d 623, 177 N.E.2d 60

THE PEOPLE OF THE STATE OF NEW YORK ex rel. RALPH DARLING, Appellant, v. WALTER H. WILKINS, as Warden of Attica Prison, Respondent.

Court of Appeals of the State of New York.Submitted July 6, 1961
Decided July 7, 1961

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, JOHN S. CONABLE, J.

Page 783

Ralph Darling, in person, for motion.

No one opposed.

Motion dismissed upon the ground that the order sought to be appealed from does not finally determine the proceeding within the meaning of the Constitution.