General

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

174 A.D.2d 905·New York Supreme Court, Appellate Division·1991·NY

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Opinion

The People of the State of New York ex rel. James L. Livingstone, Appellant, v Robert L. Howard, as Sheriff of Tompkins County, Respondent. [MAJORITY] —Appeal from a judgment of the County Court of Tompkins County (Barrett, J.), entered August 20, 1990, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 70, after a hearing. 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 AD2d 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 NY2d 707). Mikoll, J. P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.