From Casetext: Smarter Legal Research

In re Bosco

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 16, 2012
100 A.D.3d 1525 (N.Y. App. Div. 2012)

Opinion

2012-11-16

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 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.


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.
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 A.D.3d 1207, 1207, 939 N.Y.S.2d 917;Matter of Rene L., 27 A.D.3d 1136, 1136–1137, 810 N.Y.S.2d 715), and this case does not fall within the exception to the mootness doctrine ( see Matter of McGrath, 245 A.D.2d 1081, 1082, 667 N.Y.S.2d 550;see generally Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714–715, 431 N.Y.S.2d 400, 409 N.E.2d 876).

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

CENTRA, J.P., PERADOTTO, LINDLEY, SCONIERS, and MARTOCHE, JJ., concur.


Summaries of

In re Bosco

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 16, 2012
100 A.D.3d 1525 (N.Y. App. Div. 2012)
Case details for

In re Bosco

Case Details

Full title:In the Matter of the Application of Maureen BOSCO, Acting Executive…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Nov 16, 2012

Citations

100 A.D.3d 1525 (N.Y. App. Div. 2012)
953 N.Y.S.2d 918
2012 N.Y. Slip Op. 7813

Citing Cases

Upstate Univ. Hosp. v. Jason L.

Inasmuch as it is undisputed that respondent received the ordered medical treatment and is no longer a…

Savage v. Clarence T.

Respondent appeals. [1, 2] Inasmuch as petitioner did not seek a new order, and, thus, the subject order…