MATTER OF CLARK v. TRUBITT


33 A.D.2d 642 (1969)

In the Matter of John W. Clark, as Deputy Chief of Police of The City of Utica, Appellant, v. Hillard J. Trubitt, as Commissioner of Public Safety of the City of Utica, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 23, 1969


Appeal unanimously dismissed as academic, with costs to appellant.

Memorandum:

Upon the argument of this appeal attorneys for both parties agreed that the appeal has become academic inasmuch as the respondent no longer holds the position of Commissioner of Public Safety and has left the State to return to a teaching position at the University of Indiana. We are therefore dismissing the appeal, but are awarding costs to appellant under the authority rested...

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