Opinion
2018–11232 Index No. 3123/18
10-09-2019
In the Matter of Gary BELKIN, etc., Respondent, v. BARRY R. (Anonymous), Appellant.
Mental Hygiene Legal Service, Garden City, N.Y. (Michael Neville, Lisa Volpe, and Dennis B. Feld of counsel), for appellant. New York City Department of Health & Mental Hygiene, Long Island City, N.Y. (Sean Roman Strockyj of counsel), for respondent.
Mental Hygiene Legal Service, Garden City, N.Y. (Michael Neville, Lisa Volpe, and Dennis B. Feld of counsel), for appellant.
New York City Department of Health & Mental Hygiene, Long Island City, N.Y. (Sean Roman Strockyj of counsel), for respondent.
MARK C. DILLON, J.P., JOHN M. LEVENTHAL, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In a proceeding pursuant to Mental Hygiene Law §§ 9.35 and 9.60(m) for the involuntary assisted outpatient treatment of Barry R., Barry R. appeals from an order of the Supreme Court, Richmond County (Wayne M. Ozzi, J.), dated July 6, 2018. The order, insofar as appealed from, upon rehearing and review, directed Barry R. to comply with an assisted outpatient treatment plan, as set forth in an order of the same court (Orlando Marrazzo, Jr., J.), dated May 7, 2018, to the extent such order was to remain in effect until February 15, 2019.
ORDERED that the appeal is dismissed, without costs or disbursements.
The order at issue on the instant appeal has expired by its own terms. The appeal has been rendered academic, and does not warrant the invocation of an exception to the mootness doctrine (see Matter of Michael P. [Perlman], 131 A.D.3d 1062, 16 N.Y.S.3d 465 ; Matter of Anonymous [South Beach Psychiatric Ctr.], 114 A.D.3d 675, 980 N.Y.S.2d 125 ; Matter of Yuri M. [Karpati], 107 A.D.3d 999, 966 N.Y.S.2d 883 ). Accordingly, the appeal must be dismissed as academic.
DILLON, J.P., LEVENTHAL, MALTESE and CHRISTOPHER, JJ., concur.