Opinion
May 24, 1993
Appeal from the Supreme Court, Orange County (Miller, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
On appeal, the appellant raises several procedural objections to the order directing that the petitioner be transferred from a facility operated by the Office of Mental Health to a facility operated by the Office of Mental Retardation and Developmental Disabilities. However, no stay was ever obtained and the transfer has occurred while this appeal was pending. Further, the appellant does not dispute that the petitioner's placement at his present facility is appropriate at this time. Thus, any determination by this Court will not affect the rights of the parties with respect to this proceeding. We find that the matter does not otherwise warrant invoking an exception to the mootness doctrine (see, Matter of Grand Jury Subpoenas, 72 N.Y.2d 307, 311, cert denied 488 U.S. 966; Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714; Matter of Niagara Mohawk Power Corp. v New York State Dept. of Envtl. Conservation, 169 A.D.2d 943, 944). Accordingly, the appeal is dismissed as academic. Sullivan, J.P., Balletta, Lawrence and Joy, JJ., concur.