Opinion
2019–04281 Index No. 300231/19
12-09-2020
Mental Hygiene Legal Service, Garden City, N.Y. (Michael Neville, Lisa Volpe, and Dennis B. Feld of counsel), for appellant. James E. Johnson, Corporation Counsel, New York, N.Y. (Ingrid R. Gustafson and Antonella Karlin of counsel), for respondent.
Mental Hygiene Legal Service, Garden City, N.Y. (Michael Neville, Lisa Volpe, and Dennis B. Feld of counsel), for appellant.
James E. Johnson, Corporation Counsel, New York, N.Y. (Ingrid R. Gustafson and Antonella Karlin of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., JEFFREY A. COHEN, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In a proceeding pursuant to Mental Hygiene Law §§ 9.35 and 9.60(m) for the involuntary assisted outpatient treatment of Aleksandr Z., Aleksandr Z. appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Richard J. Montelione, J.), dated February 27, 2019. The order and judgment, after a hearing, granted the petition and directed Aleksandr Z. to comply with an assisted outpatient treatment plan for a period of one year.
ORDERED that the appeal is dismissed, without costs or disbursements.
The order and judgment at issue on the instant appeal has expired by its own terms. The appeal has been rendered academic and, contrary to the appellant's contention, does not warrant the invocation of an exception to the mootness doctrine (see Matter of Michael P. [Perlman], 131 A.D.3d 1062, 16 N.Y.S.3d 465 ; Matter of Anonymous [South Beach Psychiatric Ctr.], 114 A.D.3d 675, 980 N.Y.S.2d 125 ; Matter of Yuri M. [Karpati], 107 A.D.3d 999, 966 N.Y.S.2d 883 ). Accordingly, the appeal should be dismissed as academic.
CHAMBERS, J.P., COHEN, LASALLE and IANNACCI, JJ., concur.