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SOLARI v. VINCENT

38 N.Y.2d 835 (1976)

Hector Solari, Respondent, v. Leon J. Vincent, as Superintendent of Green Haven Correctional Facility, et al., Appellants.

Court of Appeals of the State of New York.

Decided January 8, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Carl Saks and Samuel A. Hirshowitz of counsel), for appellants.

Louis A. Tirelli for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, WACHTLER and FUCHSBERG. Judge COOKE dissents and votes to affirm in an opinion memorandum in which Judge JONES concurs.

Order reversed, without costs, and petition dismissed on the ground of mootness (cf. Matter of Cummings v Regan, 36 N.Y.2d 969, 971).

COOKE, J. (dissenting).

I respectfully dissent and vote for affirmance. The proceeding should not be dismissed as moot since petitioner remains incarcerated, as distinguished from the situation in Matter of Cummings v Regan (36 N.Y.2d 969

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