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People ex Rel. Smith v. Ternullo

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 1984
100 A.D.2d 525 (N.Y. App. Div. 1984)

Opinion

March 5, 1984


In a habeas corpus proceeding, the petitioner appeals (1) from so much of a judgment of the Supreme Court, Orange County (Green, J.), dated September 20, 1982, as denied that branch of petitioner's application which sought cancellation of a delinquency declaration and ordered a new final parole revocation hearing, and (2) as limited by his brief, from so much of an order of the same court, dated June 27, 1983, as upon reargument, adhered to its original determination. ¶ Appeals dismissed, without costs or disbursements. ¶ The petitioner 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 N.Y.2d 648). Titone, J.P., Gibbons, Thompson and Boyers, JJ., concur.


Summaries of

People ex Rel. Smith v. Ternullo

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 1984
100 A.D.2d 525 (N.Y. App. Div. 1984)
Case details for

People ex Rel. Smith v. Ternullo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, ex rel. JULIUS SMITH, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 5, 1984

Citations

100 A.D.2d 525 (N.Y. App. Div. 1984)

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