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702 F.2d 48

Docket No. 870, Docket 82-2307.

Ginsberg v. Abrams

Second Circuit Court of Appeals

Submitted Feb. 15, 1983.

Decided March 10, 1983.

Second Circuit Court of Appeals · decided 1983-03-10

2 counsel of record

Applies 28 U.S.C. § 2241 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Ostrer v. Aronwald · Green, in Re · Gibson, in Re

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1983-03-10

How this case has been cited

Cited by 12 later decisions — most recently June 2017

11 federal appellate ·

501983199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Farrell, Fritz, Caemmerer, Cleary, Barnosky & Armentano, P.C., Mineola, N.Y. (John M. Armentano, Dolores Fredrich, Mineola, *49N.Y., of counsel), submitted a brief for petitioner-appellant.

¶2Dennis Dillon, Dist. Atty., Nassau County, Mineola, N.Y. (Anthony J. Girese, Bruce E. Whitney, Asst. Dist. Attys., Mineola, N.Y., of counsel), submitted a brief for respondent-appellee.

¶3Before LUMBARD, OAKES and NEWMAN, Circuit Judges.

¶4PER CURIAM:

¶5This appeal is taken from a judgment of the United States District Court for the Eastern District of New York, I. Leo Glas-ser, Judge, dismissing a petition for a writ of habeas corpus on grounds that petitioner was not a “prisoner” “in custody,” as required by 28 U.S.C. § 2241(c). Petitioner’s argument that his removal from the bench of the Nassau Family Court, the revocation of his professional license to practice law, and his disqualification from being licensed as a real estate broker or insurance agent so greatly limited his economic mobility as to constitute “custody” is rejected and the dismissal of the petition is affirmed. Petitioner was convicted in the County Court of Nassau County, New York, of perjury before a grand jury looking into his receipt of money while serving as a New York State Assemblyman. People v. Ginsberg, 80 Misc.2d 921, 364 N.Y.S.2d 260 (1974), aff’d, 50 A.D.2d 804, 375 N.Y.S.2d 855 (2d Dep’t 1975). He was sentenced to an unconditional discharge, a disposition that entails neither imprisonment, fine, nor probation supervision. New York Penal Law § 65.20 (McKinney 1975). Fleming v. Abrams, 522 F. Supp. 1203 (S.D.N.Y.1981), aff’d, 697 F.2d 290 (2d Cir.1982); Ostrer v. Aronwald, 434 F.Supp. 396, 398-99 (S.D.N.Y.), aff’d, 567 F.2d 551 (2d Cir.1977).

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