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People ex rel. Ryan v. Smith

40 N.Y.2d 988 Court N.Y. Decision date 1976-12-02 English

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p. 988
The People of the State of New York ex rel. Michael Ryan, Appellant, v Harold J. Smith, as Superintendent of the Attica Correctional Facility, Respondent.
Submitted November 22, 1976;
decided December 2, 1976

Motion to dismiss the appeal herein granted and the 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 ).