Hyperlawhypertext legal database People ex rel. Boutelle v. O'Mara 41 N.Y. 996

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People ex rel. Boutelle v. O'Mara

41 N.Y. 996 Court N.Y. Decision date 1977-04-05 English

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p. 996
The People of the State of New York ex rel. Frederick Boutelle, Appellant, v Edward O’Mara, as Superintendent of Wallkill Correctional Facility, Respondent.
Submitted February 28, 1977;
decided April 5, 1977
Reported below, 55 AD2d 804 .

Motion for leave to appeal dismissed upon the ground that relator has been released on parole and, therefore, his liberty is no longer restrained to such a decree as to entitle him to the extraordinary writ of habeas corpus (People ex rel. Wilder v Markley, 26 NY2d 648 ).