General

In the Matter of Donald Smith, Appellant, v. Donald F. Newberry, as Sheriff of Jefferson County, et al., Respondents

154 A.D.2d 941·New York Supreme Court, Appellate Division·1989·NY

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Opinion

In the Matter of Donald Smith, Appellant, v Donald F. Newberry, as Sheriff of Jefferson County, et al., Respondents. [MAJORITY] Appeal unanimously dismissed as moot. Memorandum: This appeal has been rendered moot by relator’s subsequent release on parole (see, People ex rel. Tuff v Walters, 111 AD2d 838). The case is not an exception to the mootness doctrine because it does not present an issue which would otherwise escape judicial review (see, Matter of Gross v Henderson, 79 AD2d 1086, Iv denied 53 NY2d 605). (Appeal from judgment of Supreme Court, Jefferson County, Gilbert, J. — art 78.) Present — Callahan, J. P., Denman, Boomer, Balio and Lawton, JJ.