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PEO. EX REL. CUNNINGHAM v. METZ

61 A.D.2d 590 (1978)

The People of the State of New York ex rel. Elmore Cunningham, Respondent, v. Paul R. Metz, as Superintendent of Great Meadows Correctional Facility, Appellant

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

March 23, 1978

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Frederick R. Walsh and Jean M. Coon of counsel), for appellant.

Elmore Cunningham, respondent pro se.

MAHONEY, P. J., SWEENEY, KANE and STALEY, JR., JJ., concur.

LARKIN, J.

Although the petitioner was paroled on July 6, 1977 and has not appeared in this proceeding despite due notice thereof, we choose not to dismiss the appeal on the ground of mootness because a potentially recurring issue of public interest is presented (Matter of Amato v Ward, 41 N.Y.2d 469; Matter of Beattie v New York State Bd. of Parole,

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