Hyperlawhypertext legal database People ex rel. Mystek v. Smith 46 N.Y.2d 938

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People ex rel. Mystek v. Smith

46 N.Y.2d 938 Court N.Y. Decision date 1979-02-22 English

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p. 938
The People of the State of New York ex rel. Alex Mystek, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
Submitted February 5, 1979;
decided February 22, 1979

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 ).