People ex rel. Manicone v. Cleary , 415 N.Y.S.2d 1007 ( 1979 )

In a habeas corpus proceeding, petitioner purports to appeal from an "order” of the Supreme Court, Suffolk County, dated October 23, 1973, which dismissed the petition. Appeal dismissed, without costs or disbursements. The paper from which petitioner purports to appeal is a decision. No appeal lies from a decision. In any event, it appears that the petitioner is no longer in respondent’s custody. Rabin, J. P., Gulotta, Margett and Martuscello, JJ., concur.