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PEOPLE EX REL. ELITCHER v. KELLY

13 A.D.3d 149 (2004)

785 N.Y.S.2d 695

THE PEOPLE OF THE STATE OF NEW YORK ex rel. ANTHONY ELITCHER, on Behalf of JOHN MILLER, et al., Respondents, v. RAYMOND KELLY, as Commissioner of New York City Police Department, et al., Appellants. THE PEOPLE OF THE STATE OF NEW YORK ex rel. THE NATIONAL LAWYERS GUILD, on Behalf of CAROL DUDEK, et al., Respondents, v. RAYMOND KELLY, as Commissioner of New York City Police Department, et al., Appellants.

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

December 14, 2004.

All detainees have been released and the instant appeal, which cannot affect the rights of the parties, is moot (see People ex rel. Barna v Malcolm, 85 A.D.2d 313, 315 [1982]). Given the unique factual circumstances presented, this appeal does not present an important issue likely to recur and evade review (compare People ex rel. Maxian v Brown, 77 N.Y.2d 422, 425 [1991]). Nor does the pending...

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