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People ex rel. Burley v. Agnew

28 N.Y.2d 658 Court N.Y. Decision date 1971-02-18 English

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p. 658
The People of the State of New York ex rel. James Burley, Appellant, v. Paul C. Agnew, as Acting Director of Dannemora State Hospital, Respondent.
Submitted February 8, 1971;
decided February 18, 1971.

Motion to dismiss the appeal herein granted and the appeal dismissed upon the ground that relator has been released on parole and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (People ex rel. Wilder v. Markley, 26 N Y 2d 648 ; CPLR 7002, subd. [a]).