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State of New York ex rel. Patricia A. Wallace v. George Lhotan, and James M. Shuart, as Commissioner of the Department of Social Services of the County of Nassau
In a habeas corpus proceeding, the appeal is from an order of the Supreme Court, Nassau County, dated December 23, 1974, which denied a motion to dismiss the proceeding or, in the alternative, for a stay. Appeal dismissed, without costs. No appeal lies from an intermediate order in a habeas corpus proceeding (CPLR 7011; People ex rel. Tatra v McNeill, 19 AD2d 845). If the
[666] issues were before us on the merits, we would affirm. Martuscello, Acting P. J., Latham, Cohalan, Christ and Shapiro, JJ., concur.