Opinion
No. 732 CA 23-01926
11-15-2024
IN THE MATTER OF DANIELLE DILL, PSY.D., EXECUTIVE DIRECTOR, CENTRAL NEW YORK PSYCHIATRIC CENTER, PETITIONER-RESPONDENT, v. BRIAN S., RESPONDENT-APPELLANT.
ELIZABETH S. FORTINO, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, SYRACUSE (NATHANIEL V. RILEY OF COUNSEL), FOR RESPONDENT-APPELLANT. LETITIA JAMES, ATTORNEY GENERAL, ALBANY (BRIAN LUSIGNAN OF COUNSEL), FOR PETITIONER-RESPONDENT.
ELIZABETH S. FORTINO, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, SYRACUSE (NATHANIEL V. RILEY OF COUNSEL), FOR RESPONDENT-APPELLANT.
LETITIA JAMES, ATTORNEY GENERAL, ALBANY (BRIAN LUSIGNAN OF COUNSEL), FOR PETITIONER-RESPONDENT.
PRESENT: SMITH, J.P., CURRAN, MONTOUR, GREENWOOD, AND HANNAH, JJ.
Appeal from an order of the Supreme Court, Oneida County (Charles C. Merrell, J.), entered October 16, 2023. The order authorized petitioner to administer medication to respondent over his objection.
It is hereby ORDERED that said appeal is unanimously dismissed without costs.
Memorandum: Respondent appeals from an order granting petitioner's application for authorization to administer medication to respondent over his objection. The order has since expired, rendering this appeal moot (see Matter of McCulloch v Melvin H., 156 A.D.3d 1480, 1481 [4th Dept 2017], appeal dismissed 31 N.Y.3d 927 [2018], lv denied 32 N.Y.3d 902 [2018]; Matter of Russell v Tripp, 144 A.D.3d 1593, 1594 [4th Dept 2016]), and this case does not fall within the exception to the mootness doctrine (see Matter of McGrath, 245 A.D.2d 1081, 1082 [4th Dept 1997]; see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715 [1980]).