People ex rel. Thompson v. Campbell

Appellate Division of the Supreme Court of New York

People ex rel. Thompson v. Campbell

211 A.D.2d 942, 621 N.Y.S.2d 944, 1995 N.Y. App. Div. LEXIS 250

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

DecidedJanuary 12, 1995

StatusPublished

Cited by1 cases

This text of 211 A.D.2d 942 (People ex rel. Thompson v. Campbell) 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. Thompson v. Campbell, 211 A.D.2d 942, 621 N.Y.S.2d 944, 1995 N.Y. App. Div. LEXIS 250 (N.Y. Ct. App. 1995).

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Opinion

Appeal from a judgment of the Supreme Court (Turner, Jr., J.), entered July 15, 1994 in Albany County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, with a hearing.

We have examined the record and conclude that the appeal must be dismissed as moot. Since petitioner’s preliminary hearing was already held and reasonable cause was found, the issue raised by petitioner in the writ is no longer relevant. Moreover, contrary to petitioner’s arguments, we fail to find that any exception to the mootness doctrine applies in this instance. In particular, we note that petitioner’s claim that the issue he raises is certain to recur in the future is not supported by the record.

Cardona, P. J., Crew III, Casey, Yesawich Jr. and Peters, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Appeal from a judgment of the Supreme Court (Turner, Jr., J.), entered July 15, 1994 in Albany County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, with a hearing.

We have examined the record and conclude that the appeal must be dismissed as moot. Since petitioner’s preliminary hearing was already held and reasonable cause was found, the issue raised by petitioner in the writ is no longer relevant. Moreover, contrary to petitioner’s arguments, we fail to find that any exception to the mootness doctrine applies in this instance. In particular, we note that petitioner’s claim that the issue he raises is certain to recur in the future is not supported by the record.

Cardona, P. J., Crew III, Casey, Yesawich Jr. and Peters, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.

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Bluebook (online)

211 A.D.2d 942, 621 N.Y.S.2d 944, 1995 N.Y. App. Div. LEXIS 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-thompson-v-campbell-nyappdiv-1995.

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