Legal Opinion

People ex rel. Hart v. Travis

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

Decided June 2, 1997PublishedCited by 2 opinions

1Opinion of the Court

In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Jonas, J.), entered March 14, 1996, which dismissed the writ.

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

The petitioner in this matter has already been released. The appeal is therefore academic since habeas corpus will lie only when the petitioner is entitled to immediate release (see generally, People ex rel. DeFlumer v Strack, 212 AD2d 555, and cases cited herein). Miller, J. P., Altman, Goldstein and Florio, JJ., concur.

2Cases cited1 opinion

  1. People ex rel. DeFlumer v. StrackAppellate Division of the Supreme Court of the State of New York · 1995

3Cited by2 opinions

  1. People ex rel. Rosario v. Superintendent, Fishkill Corr. FacilityAppellate Division of the Supreme Court of the State of New York · 2020
  2. People ex rel. Ritter v. Warden, Kings County Hospital Prison WardAppellate Division of the Supreme Court of the State of New York · 2004