Opinion
May 11, 1990
Appeal from the Cattaraugus County Court, Kelly, J.
Present — Dillon, P.J., Doerr, Green, Lawton and Lowery, JJ.
Judgment unanimously reversed on the law and petition dismissed without prejudice. Memorandum: Although we agree with the conclusions reached by the trial court, reversal is nonetheless mandated because a writ of habeas corpus will not lie where the applicant is not detained (see, CPLR 7003 [a]; People ex rel. Barrett v. New York State Bd. of Parole, 58 N.Y.2d 729; People ex rel. Wilder v. Markley, 26 N.Y.2d 648). Accordingly, applicant's writ of habeas corpus is dismissed without prejudice.