Opinion
October 27, 1960
Motion for reargument of motion to appeal on typewritten papers denied. Memorandum: As we understand it, the rule requiring us to grant leave to all indigent defendants to appeal on typewritten papers in coram nobis proceedings, without regard to the merit of the appeal ( People v. Wilson, 7 N.Y.2d 568; People v. Borum, 8 N.Y.2d 177) does not extend to appeals in habeas corpus proceedings. We do not believe that we are required to grant leave in a habeas corpus proceeding to present the appeal on typewritten papers in a case in which, in our opinion, the appeal is wholly lacking in merit. Since habeas corpus is a civil proceeding, it is governed by the provisions of the Civil Practice Act and the Rules of Civil Practice and, under those provisions, it is our duty to determine, in a habeas corpus proceeding, as in the case of any other civil action or proceeding, whether there is any merit to the appeal before allowing the appellant to prosecute it as a poor person upon typewritten papers (Civ. Prac. Act, §§ 196, 198-a, 558; Rules Civ. Prac., rules 35, 36; Carmody-Wait, New York Practice, vol. 8, p. 536, vol. 20, p. 79).