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Colvin v. Covington

Supreme Court, Appellate Division, Fourth Department, New York.
Jul 19, 2013
108 A.D.3d 1229 (N.Y. App. Div. 2013)

Opinion

2013-07-19

In the Matter of John COLVIN, Acting Superintendent, Five Points Correctional Facility, Petitioner–Respondent, v. Ronnie COVINGTON, Respondent–Appellant.

Appeal from an order of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered February 17, 2012. The order, among other things, directed respondent to cooperate with the medical personnel of the Department of Corrections and Community Supervision. J. Scott Porter, Seneca Falls, for Respondent–Appellant. Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine of Counsel), for Petitioner–Respondent.


Appeal from an order of the Supreme Court, Seneca County (Dennis F. Bender, A.J.), entered February 17, 2012. The order, among other things, directed respondent to cooperate with the medical personnel of the Department of Corrections and Community Supervision.
J. Scott Porter, Seneca Falls, for Respondent–Appellant. Eric T. Schneiderman, Attorney General, Albany (Allyson B. Levine of Counsel), for Petitioner–Respondent.
MEMORANDUM:

Respondent appeals from an order that, inter alia, granted the petition seeking to require him to cooperate with the medical personnel of the Department of Corrections and Community Supervision and to cooperate in the methods of force feeding and necessary medical treatment. We conclude that this appeal is moot because the order by its own terms has expired, and the exception to the mootness doctrine does not apply herein ( see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876). We add only that there is no merit to respondent's contention that the order does not “ ‘conform strictly to [Supreme Court's] decision’ ” ( Spier v. Horowitz, 16 A.D.3d 400, 401, 791 N.Y.S.2d 156).

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

CENTRA, J.P., SCONIERS, VALENTINO, WHALEN, and MARTOCHE, JJ., concur.


Summaries of

Colvin v. Covington

Supreme Court, Appellate Division, Fourth Department, New York.
Jul 19, 2013
108 A.D.3d 1229 (N.Y. App. Div. 2013)
Case details for

Colvin v. Covington

Case Details

Full title:In the Matter of John COLVIN, Acting Superintendent, Five Points…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Jul 19, 2013

Citations

108 A.D.3d 1229 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 5418
968 N.Y.S.2d 925