Legal Opinion

People ex rel. Jarvis v. Reilly

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

Decided November 18, 2008Published

1Opinion of the Court

— In a proceeding pursuant to CPLR article 70 for a writ of habeas corpus, the appeal is from a judgment of the Supreme Court, Nassau County (Gulotta, Jr., J.), dated January 19, 2007, which, without a hearing, in effect, denied the petition and dismissed the proceeding.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

Subsequent to the Supreme Court’s denial of the petition, the petitioner was released to parole supervision. Inasmuch as, under New York law, the liberty of a prisoner who is released on parole is no longer restrained to such a degree as to…

2Cases cited3 opinions

  1. People ex rel. Wilder v. MarkleyNew York Court of Appeals · 1970
  2. People ex rel. Brown v. New York State Division of ParoleAppellate Division of the Supreme Court of the State of New York · 1999
  3. People ex rel. Burns v. MellasAppellate Division of the Supreme Court of the State of New York · 2006

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