Green v. Hammock
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Herlihy, J.
It appears that the issue presented to Special Term is now *227moot because of the petitioner’s release; however, the facts are unusual and the issue is one which the parties seek to have determined on this appeal. Accordingly, we find that the appeal should not be dismissed.
The petitioner was released from prison upon the habeas corpus order of a court on September 3, 1975. The order was subsequently reversed on May 28, 1976 upon an appeal (Matter of Greene v Smith, 52 AD2d 292, app dsmd 40 NY2d 826). The petitioner was not reincarcerated until October 14, 1977.
The…
2Cases cited8 opinions
- Greene v. SmithAppellate Division of the Supreme Court of the State of New York · 1976
- People ex rel. Petite v. FolleteNew York Court of Appeals · 1969
- People ex rel. Bilotti v. Warden, New York City Correctional Institution for MenAppellate Division of the Supreme Court of the State of New York · 1973
- People ex rel. Rainone v. MurphyNew York Court of Appeals · 1956
- Holland v. La ValleeAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by7 opinions
- Hooray v. CummingsAppellate Division of the Supreme Court of the State of New York · 1982
- Licitra v. CoughlinAppellate Division of the Supreme Court of the State of New York · 1983
- Deusen v. ZittellAppellate Division of the Supreme Court of the State of New York · 1982
- People ex rel. Jackson v. DalsheimAppellate Division of the Supreme Court of the State of New York · 1983
- Anderson v. KirkAppellate Division of the Supreme Court of the State of New York · 1988
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