People ex rel. Livingstone v. Howard

Appellate Division of the Supreme Court of New York

People ex rel. Livingstone v. Howard

174 A.D.2d 905, 572 N.Y.S.2d 877, 1991 N.Y. App. Div. LEXIS 9450

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 20, 1991

StatusPublished

This text of 174 A.D.2d 905 (People ex rel. Livingstone v. Howard) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Livingstone v. Howard, 174 A.D.2d 905, 572 N.Y.S.2d 877, 1991 N.Y. App. Div. LEXIS 9450 (N.Y. Ct. App. 1991).

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Opinion

—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.

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—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.

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Bluebook (online)

174 A.D.2d 905, 572 N.Y.S.2d 877, 1991 N.Y. App. Div. LEXIS 9450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-livingstone-v-howard-nyappdiv-1991.

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