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People ex rel. Birch v. Henderson

38 N.Y.2d 1025 Court N.Y. Decision date 1976-04-01 English

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p. 1025
The People of the State of New York ex rel. George Birch, Appellant, v Robert J. Henderson, as Superintendent of Auburn Correctional Facility, Respondent.
Submitted March 15, 1976;
decided April 1, 1976

Motion to dismiss the appeal herein granted and appeal dismissed, without costs, 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 NY2d 648 ; CPLR 7002, subd [a]).