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People ex rel. Fonfa v. Malcolm

51 A.D.2d 738 Court N.Y. App. Div. Decision date 1976-02-02 English

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p. 738
The People of the State of New York ex rel. Stanley Fonfa, Appellant, v Benjamin Malcolm, as Commissioner of the New York City Department of Correction, et al., Respondents.

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Queens County, dated June 2, 1975, which, after a hearing, dismissed the proceeding. Appeal dismissed, without costs. Petitioner has been released; he is therefore not entitled to "the extraordinary writ of habeas corpus” (see People ex rel. Wilder v Markley, 26 NY2d 648 ). Latham, Acting P. J., Margett, Christ, Shapiro and Titone, JJ., concur.