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PEOPLE EX REL. LIVINGSTONE v. HOWARD

174 A.D.2d 905 (1991)

The People of the State of New York ex rel. James L. Livingstone, Appellant, v. Robert L. Howard, as Sheriff of Tompkins County, Respondent

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

June 20, 1991

Because petitioner sought release and has since been released, his appeal from County Court's dismissal of his CPLR article 70 application has been rendered moot (see, Matter of Herald Co. v O'Brien, 149 A.D.2d 781). Nor do we find that the exception to the mootness doctrine applies to the facts of this case (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707).

Ordered...

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