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MATTER OF GREEN v. HAMMOCK

70 A.D.2d 226 (1979)

In the Matter of Claude Green, Respondent, v. Edward Hammock, as Chairman of The New York State Division of Parole, et al., Appellants

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

October 11, 1979

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Frederick R. Walsh and Shirley Adelson Siegel of counsel), for appellants.

Robert Selcov for respondent.

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

HERLIHY, J.

It appears that the issue presented to Special Term is now moot because of the petitioner's release; however, the facts are unusual and the issue is one which the parties seek to have determined on this appeal. Accordingly, we find that the appeal should not be dismissed.

The petitioner was released from prison upon the habeas corpus order of a court on September 3, 1975. The order was subsequently...

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