Smith v. Newberry

Appellate Division of the Supreme Court of New York

Smith v. Newberry

154 A.D.2d 941

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

DecidedOctober 6, 1989

StatusPublished

Cited by5 cases

This text of 154 A.D.2d 941 (Smith v. Newberry) 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

Smith v. Newberry, 154 A.D.2d 941 (N.Y. Ct. App. 1989).

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Opinion

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.

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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.

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154 A.D.2d 941, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-newberry-nyappdiv-1989.

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