People ex rel. Ricardo H. v Charlotte Seltzer

People ex rel. Ricardo H. v Seltzer 2006 NY Slip Op 01665 [27 AD3d 499] March 7, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 17, 2006

The People of the State of New York ex rel. Ricardo H., Appellant,
v
Charlotte Seltzer, Respondent.

—[*1]In a proceeding for a writ of habeas corpus pursuant to Mental Hygiene Law § 33.15 (a), the petitioner appeals from a judgment of the Supreme Court, Queens County (O'Donoghue, J.), dated November 30, 2004, which denied the petition and dismissed the proceeding.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The issue raised on this appeal has been rendered academic as a result of our determination on a prior appeal (see Matter of Ricardo H., 17 AD3d 464, 465 [2005]). The matter does not warrant invoking the exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Adams, J.P., Ritter, Santucci and Lunn, JJ., concur.