PEOPLE EX REL. LIVINGSTONE v. HOWARD

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 A.D.2d 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 N.Y.2d 707).

Mikoll, J.P., Yesawich Jr., Mercure, Crew III and Harvey, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.