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PEOPLE EX REL. SMITH v. HIGGINS

204 A.D.2d 1066 (1994)

614 N.Y.S.2d 351

People ex rel. Matthew Smith, Appellant, v. Thomas Higgins, as Erie County Sheriff, et al., Respondents

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

May 27, 1994

Motion to proceed as poor person denied; cross motion to dismiss granted.

Memorandum:

Appellant's motion for poor person relief is denied on the ground that the appeal is moot (see, People ex rel. Ezbitski v Koehler, 136 A.D.2d 667; see also, People ex rel. Lane v Infante, 143 A.D.2d 483). Moreover, we conclude that it is appropriate for the appeal to be dismissed...

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