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People ex rel. Francis v. Ortiz

91 N.Y.2d 919 Court N.Y. Decision date 1998-02-24 English

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p. 919
The People of the State of New York ex rel. Arthur Francis, Appellant, v Robert Ortiz, as Warden of Rikers Island, Otis Bantum Correctional Center, Respondent.
Submitted January 12, 1998;
decided February 24, 1998

Appeal dismissed, without costs, on the Court’s own motion and motion for leave to appeal dismissed, each upon the ground that relator has been released from custody and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (see, People ex rel. Wilder v Markley, 26 NY2d 648 ). Motion for poor person, relief dismissed as academic.