Opinion · Court of Appeals for the Second Circuit

United States ex rel. Lynch v. Fay

United States ex rel. Lynch v. Fay, 284 F.2d 301 (2d Cir. 1960)

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1960-08-29
Topic
general

How later courts describe this case

  • death of relator moots proceeding

Citator

UpLaw has not yet analyzed United States ex rel. Lynch v. Fay. The absence of a flag is not a finding that it is good law.

Cited by
6 opinions
UNITED STATES v. FAY,284 F.2d 301(2nd Cir. 1960)
UNITED STATES of America ex rel. William LYNCH, Petitioner-Appellee, v.
Edward M. FAY, Warden, Green Haven Prison, and The People of the State of
New York, Respondents-Appellants.
No. 347, Docket 26207.
United States Court of Appeals, Second Circuit.
Argued June 13, 1960.
Decided August 29, 1960.
Motion to Amend Order Denied December 2, 1960.
Jaffe Wachtell, New York City (David Jaffe, Herbert M. Wachtell, New York City, of counsel), for appellee.

Louis J. Lefkowitz, Atty. Gen., State of N.Y. (Samuel A. Hirshowitz, First Asst. Atty. Gen., George K. Bernstein, William G. Ross, Asst. Attys. Gen., of counsel), for appellants.
Before WATERMAN, MOORE and HAMLIN,fn*Circuit Judges.
PER CURIAM.
We have been informed that petitioner died on July 30, 1960, after submission of his appeal, but prior to a determination thereof.

The appeal is dismissed as moot.
On Motion to Amend Order
PER CURIAM.
Petition denied.
MOORE, Circuit Judge (dissenting).
I would grant the petition to amend. Although the appeal is moot by reason of William Lynch's death, the proper procedure indicated by the Supreme Court in United States v. Munsingwear, Inc., 1950,340 U.S. 36, 39, 71 S.Ct. 104, 95 L.Ed. 36, and recently by this court in Bodkin v. United States, 2 Cir., 1959,Page 302266 F.2d 55, 56, in my opinion is to dismiss the appeal, vacate the district court's judgment and remand with directions to dismiss. I would adopt this procedure.
  1. Of the Ninth Circuit, sitting by designation. ↩