Matter of Vogler v. Smith

Full title: In the Matter of JOHN A. VOGLER, Appellant-Respondent, v. HAROLD J. SMITH…

Court: Court of Appeals of the State of New York

Date published: Dec 19, 1979

401 N.E.2d 417 (N.Y. 1979)

425 N.Y.S.2d 307

48 N.Y.2d 974

Opinion

Argued December 12, 1979

Decided December 19, 1979

Appeal and cross appeal dismissed, without costs. In view of the expiration of petitioner's maximum sentence and his release from prison, petitioner's appeal is moot. Respondent Superintendent of Attica Correctional Facility, who prevailed in the court below, may not complain of the basis for the dismissal of the proceeding (see Cohen and Karger, Powers of the New York Court of Appeals, § 91, p 395; Matter of Ton-Da-Lay v Diamond, 36 N.Y.2d 856).