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MATTER OF RUSKIN v. SAFIR

257 A.D.2d 268 (1999)

692 N.Y.S.2d 356

In the Matter of THOMAS F. RUSKIN, Respondent, v. HOWARD SAFIR, as Police Commissioner of the City of New York, Appellant.

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

June 24, 1999.

Attorney(s) appearing for the Case

James A. Moss of counsel (Michael G. Albano on the brief; Herrick, Feinstein, L. L. P., attorneys), for respondent.

Ellen Ravitch of counsel (Stephen J. McGrath and Marta Soja on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellant.

WILLIAMS, MAZZARELLI and SAXE, JJ., concur.

OPINION OF THE COURT

ELLERIN, P. J.

At issue on this appeal are the circumstances under which a court, upon dismissing an appeal as academic, should vacate the underlying order or judgment upon which the appeal was predicated.

The instant appeal was brought by respondent Police Commissioner to contest an order ruling inadmissible under the laws of this State certain eavesdropping evidence that had been obtained in conformance with the laws of another...

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