MATTER OF RIVERA v. SCULLY


150 A.D.2d 379 (1989)

In the Matter of Hector Rivera, Respondent, v. Charles J. Scully et al., Appellants

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

May 1, 1989


Ordered that the judgment is affirmed, with costs.

The appellant contends that the petition should be dismissed under the mootness doctrine since the petitioner was afforded the relief requested during the pendency of the appeal. We disagree. Inasmuch as the petitioner regained his prior status only by virtue of the State's compliance with the order under review, the underlying petition is not academic (cf., Matter of Adams v LeFevre,

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