People ex rel. Butler v. Phimister

Appellate Division of the Supreme Court of New York

People ex rel. Butler v. Phimister

42 A.D.2d 588, 344 N.Y.S.2d 1007, 1973 N.Y. App. Div. LEXIS 4218

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 11, 1973

StatusPublished

This text of 42 A.D.2d 588 (People ex rel. Butler v. Phimister) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Butler v. Phimister, 42 A.D.2d 588, 344 N.Y.S.2d 1007, 1973 N.Y. App. Div. LEXIS 4218 (N.Y. Ct. App. 1973).

Pincite

Opinion

In this habeas corpus proceeding, in which relator appealed from-a judgment of the Supreme Court, Westchester County, entered May 26, 1972, which dismissed the writ, respondent has made a motion to dismiss the appeal on the ground it is academic, as appellant is no longer in custody. Motion granted and appeal dismissed, without costs. On February 15, 1973, relator was released from Clinton Correctional Facility by reason of the expiration of the maximum [589]*589of Ms term. Under the circumstances, the appeal should be dismissed (People ex rel. Jones v. New York State Parole B'd., 30 N Y 2d 834). Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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In this habeas corpus proceeding, in which relator appealed from-a judgment of the Supreme Court, Westchester County, entered May 26, 1972, which dismissed the writ, respondent has made a motion to dismiss the appeal on the ground it is academic, as appellant is no longer in custody. Motion granted and appeal dismissed, without costs. On February 15, 1973, relator was released from Clinton Correctional Facility by reason of the expiration of the maximum [589]*589of Ms term. Under the circumstances, the appeal should be dismissed (People ex rel. Jones v. New York State Parole B'd., 30 N Y 2d 834). Latham, Acting P. J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.

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Bluebook (online)

42 A.D.2d 588, 344 N.Y.S.2d 1007, 1973 N.Y. App. Div. LEXIS 4218, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-butler-v-phimister-nyappdiv-1973.