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Perry v. Smith

52 A.D.2d 1094 Court N.Y. App. Div. Decision date 1976-05-28 English

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p. 1094
In the Matter of James Perry, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.

Appeal unanimously dismissed upon the ground that the issue presented is academic in view of petitioner’s parole to a North Carolina warrant on January 30, 1975. (See Foote v Flood, 44 AD2d 566 , app dsmd as academic 34 NY2d 803 .) (Appeal from judgment of Wyoming Supreme Court—article 78.) Present— Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.

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