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People ex rel. Lawrence v. Kluewer

148 A.D.3d 942 Court N.Y. App. Div. Decision date 2017-03-15 English

Judges Hall, J.P., Austin, Sgroi and Connolly, JJ., concur.

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p. 942
The People of the State of New York ex rel. David Lawrence, Petitioner, v Susan T. Kluewer et al., Respondents.
[48 NYS3d 616]

Writ of habeas corpus in the nature of an application to release the petitioner in connection with Nassau County Docket No. CR-006525-16NA, and application by the petitioner for poor person relief.

Ordered that the application is granted to the extent that the filing fee is waived and the application is otherwise denied as academic; and it is further,

Adjudged that the writ is dismissed, without costs or disbursements.

Habeas corpus relief does not lie as the petitioner is not being detained (see People ex rel. Wilder v Markley, 26 NY2d 648 [1970]).

Hall, J.P., Austin, Sgroi and Connolly, JJ., concur.