Opinion
No. CA 08-02443.
March 19, 2010.
Appeal from an order of the Supreme Court, Monroe County (Ann Marie Taddeo, J.), entered March 26, 2009 in a proceeding pursuant to Mental Hygiene Law article 10. The order, inter alia, determined that respondent is a sex offender requiring strict and intensive supervision and treatment.
EMMETT J. CREAHAN, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, ROCHESTER (KRISTIN DAWSON HENDERSON OF COUNSEL), FOR RESPONDENT-APPELLANT.
ANDREW M. CUOMO, ATTORNEY GENERAL, ALBANY (ROSE McMORROW OF COUNSEL), FOR PETITIONER-RESPONDENT.
Present: Scudder, P.J., Sconiers, Green and Gorski, JJ.
It is hereby ordered that said appeal is unanimously dismissed without costs.
Memorandum: Respondent appeals from an order pursuant to Mental Hygiene Law article 10 determining that he is a sex offender requiring strict and intensive supervision and treatment (SIST) and releasing him under the conditions of a prior order imposing a regimen of SIST. Respondent is not aggrieved by the order appealed from inasmuch as he stipulated to the terms of it, and the appeal therefore must be dismissed ( see CPLR 5511; Matter of State of New York v Cuevas, 49 AD3d 1324, 1326-1327). In addition, the appeal has been rendered moot by a subsequent order pursuant to Mental Hygiene Law article 10 directing the confinement of respondent as a dangerous sex offender ( see generally People ex rel. Maldonado v Williams, 67 AD3d 1328), and the exception to the mootness doctrine does not apply herein ( cf. Cuevas, 49 AD3d at 1325-1326; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).