Legal Opinion
Smith v. Newberry
Appellate Division of the Supreme Court of the State of New York
Decided October 6, 1989PublishedCited by 5 opinions
1Opinion of the Court
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.
2Cases cited2 opinions
- Gross v. HendersonAppellate Division of the Supreme Court of the State of New York · 1981
- People ex rel. Tuff v. WaltersAppellate Division of the Supreme Court of the State of New York · 1985
3Cited by5 opinions
- In re Darby C.Appellate Division of the Supreme Court of the State of New York · 1991
- Wright v. RodriguezAppellate Division of the Supreme Court of the State of New York · 1991
- Collins v. RussiAppellate Division of the Supreme Court of the State of New York · 1994
- Corley v. RussiAppellate Division of the Supreme Court of the State of New York · 1994
- Smith v. RussiAppellate Division of the Supreme Court of the State of New York · 1993