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MATTER OF SMITH v. NEWBERRY

Appellate Division of the Supreme Court of New York, Fourth Department.
Oct 6, 1989

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).