People ex rel. DeFlumer v. Strack

Decision Date11 May 1995
Citation629 N.Y.S.2d 722,85 N.Y.2d 966
Parties, 653 N.E.2d 618 The PEOPLE of the State of New York ex rel. Carl DeFLUMER, Jr., Appellant, v. Wayne STRACK, as Superintendent of Fishkill Correctional Facility, Respondent.
CourtNew York Court of Appeals Court of Appeals

Reported below: 212 A.D.2d 555, 623 N.Y.S.2d 1.

Motion for leave to appeal dismissed upon the ground that relator has been released from custody and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (see, People ex rel. Wilder v. Markley, 26 N.Y.2d 648, 307 N.Y.S.2d 672, 255 N.E.2d 784; People ex rel. Dennard v. Meloni, 74 N.Y.2d 916, 549 N.Y.S.2d 958, 549 N.E.2d 149).

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6 cases
  • People ex rel. Johnson v. Superintendent, Adirondack Corr Facility
    • United States
    • New York Supreme Court — Appellate Division
    • July 3, 2019
    ...1996428 [2019] ; compare People ex rel. DeFlumer v. Strack, 212 A.D.2d 555, 555, 623 N.Y.S.2d 1 [1995], lv dismissed 85 N.Y.2d 966, 629 N.Y.S.2d 722, 653 N.E.2d 618 [1995] ). Turning to the merits, "[t]here is no federal or state constitutional right to be released to parole supervision bef......
  • People ex rel. McCurdy v. Warden, Westchester Cnty. Corr. Facility
    • United States
    • New York Court of Appeals Court of Appeals
    • November 23, 2020
    ...approved housing (see People ex rel. DeFlumer v. Strack, 212 A.D.2d 555, 555, 623 N.Y.S.2d 1 [1995], lv dismissed 85 N.Y.2d 966, 629 N.Y.S.2d 722, 653 N.E.2d 618 [1995] ). As this Court recently recognized in Gonzalez, RTF residents and inmates are accorded different rights under Correction......
  • People ex rel. Neurohr v. Superintendent, Clinton Corr. Facility
    • United States
    • New York Supreme Court
    • August 28, 2020
  • People v. Griffin
    • United States
    • New York Supreme Court — Appellate Division
    • June 12, 2014
    ...694 N.Y.S.2d 505 [1999];People ex rel. DeFlumer v. Strack, 212 A.D.2d 555, 555, 623 N.Y.S.2d 1 [1995],lv. dismissed85 N.Y.2d 966, 629 N.Y.S.2d 722, 653 N.E.2d 618 [1995];cf. People ex rel. Morse v. Berbary, 92 A.D.3d 1229, 1230, 937 N.Y.S.2d 909 [2012],lv. denied19 N.Y.3d 802, 946 N.Y.S.2d ......
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