Opinion
11-10-2016
In the Matter of the Application of Peter J. RUSSELL, Interim Executive Director, of Central New York Psychiatric Center, Petitioner–Respondent, v. Jason TRIPP, a Patient at Central New York Psychiatric Center, Consecutive No. 21706, Respondent–Appellant.
Emmett J. Creahan, Director, Mental Hygiene Legal Service, Utica (Bryce Therrien of Counsel), for respondent-appellant. Eric T. Schneiderman, Attorney General, Albany (Patrick A. Woods of Counsel), for petitioner-respondent.
Appeal from an order of the Supreme Court, Oneida County (Erin P. Gall, J.), entered July 20, 2015. The order, inter alia, granted the application of petitioner for authorization to administer medication to respondent over his objection.
Emmett J. Creahan, Director, Mental Hygiene Legal Service, Utica (Bryce Therrien of Counsel), for respondent-appellant.
Eric T. Schneiderman, Attorney General, Albany (Patrick A. Woods of Counsel), for petitioner-respondent.
MEMORANDUM:
Respondent appeals from an order granting petitioner's application for authorization to administer medication to respondent over his objection. The order has since expired, rendering this appeal moot (see Matter of Bosco [Quinton F.], 100 A.D.3d 1525, 1526, 953 N.Y.S.2d 918 ). Contrary to respondent's contention, 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.
WHALEN, P.J., PERADOTTO, NEMOYER, CURRAN, and TROUTMAN, JJ., concur.