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Matter of McCue

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 2001
281 A.D.2d 420 (N.Y. App. Div. 2001)

Opinion

Argued January 23, 2001.

March 5, 2001.

In a proceeding pursuant to Mental Hygiene Law § 9.60 to authorize assisted outpatient treatment, the appeal is from an order and judgment (one paper) of the Supreme Court, Kings County (Cutrona, J.), dated May 5, 2000, which granted the petition.

Mental Hygiene Legal Service, Mineola, N.Y. (Sidney Hirschfeld, Lesley J. De Lia, Dennis B. Feld, and Christine Morton of counsel), for appellant.

Michael D. Hess, Corporation Counsel, New York, N.Y. (Pamela Seider Dolgow and John Hogrogian of counsel), for respondent.

Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.


DECISION ORDER

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

The order and judgment authorizing assisted outpatient treatment for a period of 180 days expired in November 2000, without a timely application for an extension having been made (see, Mental Hygiene Law § 9.60[k]). Accordingly, the instant appeal is now academic and does not fall within an exception to the mootness doctrine (see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 714-715; Matter of David C., 69 N.Y.2d 796, 798).


Summaries of

Matter of McCue

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 2001
281 A.D.2d 420 (N.Y. App. Div. 2001)
Case details for

Matter of McCue

Case Details

Full title:IN THE MATTER OF ROBERT McCUE, ETC., RESPONDENT; ROSALINA C. (ANONYMOUS)…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 5, 2001

Citations

281 A.D.2d 420 (N.Y. App. Div. 2001)
721 N.Y.S.2d 262

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