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MATTER OF SMITH v. NEWBERRY

154 A.D.2d 941 (1989)

In the Matter of Donald Smith, Appellant, v. Donald F. Newberry, as Sheriff of Jefferson County, et al., Respondents

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

October 6, 1989

Appeal unanimously dismissed as moot.

Memorandum:

This appeal has been rendered moot by relator's subsequent release on parole (see, People ex rel. Tuff v Walters, 111 A.D.2d 838). The case is not an exception to the mootness doctrine because it does not present an issue which would otherwise escape judicial review (see, Matter of Gross v Henderson, 79 A.D.2d 1086<...

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