People ex rel. Sheriff v. Coyle 11 A.D.2d 1063

Application by petitioner for an order in the nature of mandamus to compel respondent, who dismissed a writ of habeas corpus on July 22, 1960, to vacate such dismissal and to sustain the writ. Cross application by respondent to dismiss the petition upon the ground that it does not state facts sufficient to entitled petitioner to the relief sought (Civ. Prae. Act, § 1293). Cross application granted and petition dismissed. Nolan, P. J., Beldoek, Christ, Pette and Brennan, JJ., concur.