Matter of Hogan v. Culkin

In Matter of Hogan v. Culkin, 18 NY2d 330 [1966] the Court also observed that: CPLR 7004(c) . . . distinguishes between writs of habeas corpus concerning the inmates of State institutions, in the first instance, and writs "In all other cases." Where the writ is directed to the warden of a State prison, . . . it must be made returnable in the county of detention, subject to the exception applicable when there is no available judge in that county. In all other cases, the writ is to be made returnable in the county of issuance, unless the issuing judge should decide in his discretion to make it returnable in the county of detention. (18 NY2d at 335).