Matter of Bosco (Quinton F.)

Matter of Matter of Bosco (Quinton F.) 2012 NY Slip Op 07813 Released on November 16, 2012 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on November 16, 2012
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, AND MARTOCHE, JJ.
1163 CA 11-01904

[*1]IN THE MATTER OF THE APPLICATION OF MAUREEN BOSCO, ACTING EXECUTIVE DIRECTOR OF CENTRAL NEW YORK PSYCHIATRIC CENTER, PETITIONER-RESPONDENT, FOR AN ORDER AUTHORIZING THE INVOLUNTARY TREATMENT OF

and

QUINTON F., A PATIENT AT CENTRAL NEW YORK PSYCHIATRIC CENTER, RESPONDENT-APPELLANT.


Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered August 9, 2011. The order granted the application of petitioner seeking authorization to administer medication to respondent over his objection.


EMMETT J. CREAHAN, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (CRAIG P. SCHLANGER OF COUNSEL), FOR RESPONDENT-APPELLANT.
ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (KATHLEEN M. TREASURE OF COUNSEL), FOR PETITIONER-RESPONDENT.


It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Memorandum: Respondent appeals from an order granting the application of petitioner seeking authorization to administer medication to respondent over his objection. The order has since expired, rendering this appeal moot (see Matter of Bosco v Michael N., 93 AD3d 1207, 1207; Matter of Rene L., 27 AD3d 1136, 1136-1137), and this case does not fall within the exception to the mootness doctrine (see Matter of McGrath, 245 AD2d 1081, 1082; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715).
Entered: November 16, 2012
Frances E. Cafarell
Clerk of the Court