Opinion
No. 534369
12-28-2023
In the Matter of Clarence T. Gregory Savage, as Unit Chief of Central New York Psychiatric Center Clinton Satellite Unit, Respondent; Clarence T., Appellant.
Adam H. Van Buskirk, Auburn, for appellant. Letitia James, Attorney General, Albany (Brian Lusignan of counsel), for respondent.
Calendar Date: November 21, 2023
Adam H. Van Buskirk, Auburn, for appellant.
Letitia James, Attorney General, Albany (Brian Lusignan of counsel), for respondent.
Before: Garry, P.J., Lynch, Ceresia, Fisher and Powers, JJ.
Ceresia, J.
Appeal from an order of the Supreme Court (John T. Ellis, J.), entered September 29, 2021 in Clinton County, which granted petitioner's application, in a proceeding pursuant to Mental Hygiene Law article 33, to authorize petitioner to administer psychotropic medications to respondent over his objection.
Respondent is an incarcerated individual presently serving a term of imprisonment at Clinton Correctional Facility for convictions of assault in the second degree and attempted burglary in the second degree. Diagnosed with schizoaffective disorder, bipolar subtype, respondent has a long history of psychiatric hospitalizations beginning when he was a teenager. On numerous occasions, respondent has refused to take antipsychotic medication and has then become a danger to himself and others. After expiration of a previous court order authorizing petitioner to treat respondent with antipsychotic and mood-stabilizing drugs over his objection, petitioner commenced this proceeding, seeking to obtain another such order. In September 2021, following a hearing, Supreme Court granted the petition. The court's order was set to expire on September 29, 2023 unless petitioner applied for a new order prior to that date, in which case the order would continue until a determination on the new application was rendered. Respondent appeals.
Inasmuch as petitioner did not seek a new order, and, thus, the subject order expired on September 29, 2023, this appeal is now moot (see Matter of Elijah S., 203 A.D.3d 1482, 1482 [3d Dept 2022], lv denied 38 N.Y.3d 913 [2022]; Matter of Glen T., 163 A.D.3d 1135, 1135 [3d Dept 2018]; Matter of Bosco [Quinton F.], 100 A.D.3d 1525, 1526 [4th Dept 2012]). Further, the exception to the mootness doctrine does not apply (see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714-715 [1980]). "Although this type of proceeding often recurs, given the two-year duration of the order, this is not an issue that typically evades review, nor does respondent present a substantial or novel question not previously addressed by this Court" (Matter of Elijah S., 203 A.D.3d at 1482-1483 [internal citations omitted]; see Matter of Glen T., 163 A.D.3d at 1135; Matter of Russell v Tripp, 144 A.D.3d 1593, 1594 [4th Dept 2016]).
Garry, P.J., Lynch, Fisher and Powers, JJ., concur.
ORDERED that the appeal is dismissed, as moot, without costs.