People ex rel. Kermit Burns v Chris Mellas, &c.

People ex rel. Kermit Burns v Chris Mellas, &c.

Motion No: 1395

Slip Opinion No: 2007 NYSlipOp 62988

Decided on February 15, 2007

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

The People &c. ex rel. Kermit Burns, Appellant, v. Chris Mellas, &c. et al., Respondents.

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 NY2d 648 [1970]).

Judge Jones took no part.