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MATTER OF SACKETT v. KELLY

135 A.D.2d 1121 (1987)

In the Matter of Keith Sackett, Respondent, v. Walter Kelly, as Superintendent of Attica Correctional Facility, et al., Appellants

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

December 18, 1987

Appeal unanimously dismissed as moot.

Memorandum:

Prior to the filing of briefs and argument of the appeal, petitioner served the maximum term of his sentence and was released from custody. Accordingly, this appeal is moot and since it does not present a recurring issue of public interest which otherwise would escape appellate review, dismissal is appropriate (see, People ex rel. Rodriguez v LeFevre, 84 A.D.2d 661

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