People ex rel. Portee v. New York State Division of Parole

In a habeas corpus proceeding, the appeal is from a judgment of the Supreme Court, Kings County (Rappaport, J.), entered December 17, 1992, which, after a hearing, discharged the petitioner and vacated his parole violation warrant.

Ordered that the order is reversed, on the law, without costs or disbursements, the proceeding is dismissed, and the warrant is reinstated.

Initially, we note that the conflicting assertions contained in the parties’ briefs regarding the status of a subsequent parole revocation proceeding against the petitioner make it impossible to determine whether this appeal is…