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People ex rel. Martinez v. Walters

63 N.Y.2d 727 Court N.Y. Decision date 1984-09-11 English

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p. 727
The People of the State of New York ex rel. John Martinez, Appellant, v Wilson Walters, as Superintendent of Ossining Correctional Facility, et al., Respondents.
Submitted August 6, 1984;
decided September 11, 1984

Motion to dismiss appeal granted and appeal dismissed, without costs, upon the ground that appellant is not presently available to obey the mandate of the court in the event of an affirmance (see People ex rel. Wildes v New York State Bd. of Parole, 45 NY2d 961 ; People ex rel. Mallin v Kuh, 38 NY2d 982 ; People v Sullivan, 28 NY2d 900 ; People v Del Rio, 14 NY2d 165 ; People v Genet, 59 NY 80 ).

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