Opinion
2019-01826 Index No. 1512/18
11-25-2020
In the Matter of MARK T. (Anonymous), appellant. v. Susan STABINSKY, etc., respondent.
Mental Hygiene Legal Service, Garden City, N.Y. (Michael D. Neville, Felicia B. Rosen, and Dennis B. Feld of counsel), for appellant. Letitia James, Attorney General, New York, N.Y. (Anisha S. Dasgupta and Amit R. Vora of counsel), for respondent.
Mental Hygiene Legal Service, Garden City, N.Y. (Michael D. Neville, Felicia B. Rosen, and Dennis B. Feld of counsel), for appellant.
Letitia James, Attorney General, New York, N.Y. (Anisha S. Dasgupta and Amit R. Vora of counsel), for respondent.
RUTH C. BALKIN, J.P., SHERI S. ROMAN, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
In a proceeding for permission to administer a course of medication to a patient without his consent, Mark T. appeals from an amended order of the Supreme Court, Rockland County (Robert M. Berliner, J.), entered January 11, 2019. The amended order, after a hearing, granted the petition.
Motion by the petitioner, inter alia, to dismiss the appeal on the ground that it has been rendered academic. By decision and order on motion of this Court dated May 6, 2020, that branch of the motion which was to dismiss the appeal on the ground that it has been rendered academic was held in abeyance and referred to the panel of Justices hearing the appeal for determination upon the argument or submission thereof.
Upon the papers filed in support of the motion, the papers filed in opposition thereto, and upon the argument of the appeal, it is
ORDERED that the branch of the motion which is to dismiss the appeal as academic is granted; and it is further,
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
It is undisputed that the appellant is no longer a patient at Rockland Psychiatric Center and that the order appealed from has expired by its own terms. Thus, the appeal has been rendered academic (see Saratoga County Chamber of Commerce v. Pataki, 100 N.Y.2d 801, 810–811, 766 N.Y.S.2d 654, 798 N.E.2d 1047 ; Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714, 431 N.Y.S.2d 400, 409 N.E.2d 876 ). Inasmuch as this matter does not warrant invoking an exception to the mootness doctrine (see Saratoga County Chamber of Commerce v. Pataki, 100 N.Y.2d at 811, 766 N.Y.S.2d 654, 798 N.E.2d 1047 ; Matter of Hearst Corp. v. Clyne, 50 N.Y.2d at 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876 ), the appeal must be dismissed as academic (see e.g. Matter of Belkin v. Barry R., 176 A.D.3d 808, 808, 107 N.Y.S.3d 887 ; Matter of Michael P. [Perlman], 131 A.D.3d 1062, 1062–1063, 16 N.Y.S.3d 465 ; Matter of McGrath, 245 A.D.2d 1081, 667 N.Y.S.2d 550 ).
BALKIN, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur.