Citation Codes Equivalent Citations citation codes See more information ... Smart Summary Please sign up to generate summary. In the Matter of DONALD SMITH, Appellant, v. DONALD F. NEWBERRY, as Sheriff of Jefferson County, et al., Respondents. 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 A.D.2d 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 A.D.2d 1086, lv denied 53 N.Y.2d 605).