Home/Appellate Division of the Supreme Court of New York/People ex rel. Birt v. Grenis

People ex rel. Birt v. Grenis

76 A.D.2d 872, 428 N.Y.S.2d 494, 1980 N.Y. App. Div. LEXIS 11941
Appellate Division of the Supreme Court of the State of New York·Decided June 9, 1980·Published

Opinion

In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, entered April 25, 1979, which dismissed the petition. Appeal dismissed, without costs or disbursements. In view of petitioner’s conditional release, he is no longer restrained of his liberty. Accordingly, he is not entitled to a writ of habeas corpus (see CPLR 7002, subd [a]; People ex rel. Yacobellis v McKendrick, 28 NY2d 808; People ex rel. Wilder v Markley, 26 NY2d 648; People ex rel. Butts v McMann, 24 NY2d 772; People ex rel. Jones v Ternullo, 52 AD2d 631; People ex rel. Christian v Vincent, 49 AD2d 914; People ex rel. Ali v Sperbeck, 66 AD2d 827). Hopkins, J. P., Damiani, Titone and Lazer, JJ., concur.

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People ex rel. Birt v. Grenis, 76 A.D.2d 872, 428 N.Y.S.2d 494, 1980 N.Y. App. Div. LEXIS 11941 (N.Y. Ct. App. 1980).

76 A.D.2d 872 (People ex rel. Birt v. Grenis) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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People Ex Rel. Butts v. McMann
247 N.E.2d 860 (New York Court of Appeals, 1969)
People ex rel. Wilder v. Markley
255 N.E.2d 784 (New York Court of Appeals, 1970)
People ex rel. Yacobellis v. McKendrick
270 N.E.2d 729 (New York Court of Appeals, 1971)
People ex rel. Christian v. Vincent
49 A.D.2d 914 (Appellate Division of the Supreme Court of New York, 1975)
People ex rel. Jones v. Ternullo
52 A.D.2d 631 (Appellate Division of the Supreme Court of New York, 1976)
People ex rel. Nehru Ali v. Sperbeck
66 A.D.2d 827 (Appellate Division of the Supreme Court of New York, 1978)