In re Lesser

Appellate Division of the Supreme Court of New York

In re Lesser

177 A.D.2d 489

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 4, 1991

StatusPublished

Cited by1 cases

This text of 177 A.D.2d 489 (In re Lesser) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Lesser, 177 A.D.2d 489 (N.Y. Ct. App. 1991).

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Opinion

In a proceeding pursuant to Mental Hygiene Law § 33.03 and 14 NYCRR 527.8 to authorize involuntary treatment of the respondent Carmela M., the petitioner appeals from a judgment of the Supreme Court, Queens County (Graci, J.), entered September 27, 1989, which dismissed the proceeding.

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

The issues raised on this appeal are academic because the respondent Carmela M. was discharged from the petitioner hospital’s inpatient unit on September 20, 1989, and from its outpatient clinic on January 24, 1990. Further, this case does not "involve * * * significant and novel issues of State-wide importance which are likely to recur but which typically escape review because of the time it takes to appeal such decisions” (Matter of Fosmire v Nicoleau, 75 NY2d 218, 221, n 1). Thus, we decline to review them (cf., Matter of Fosmire v Nicoleau, supra; Matter of Storar, 52 NY2d 363, 369-370; Matter of Westchester Rockland Newspapers v Leggett, 48 NY2d 430, 434-437; Matter of Gannett Co. v De Pasquale, 43 NY2d 370, 376, affd 443 US 368; Ughetto v Acrish, 130 AD2d 12, 17). Sullivan, J. P., Balletta, Ritter and Copertino, JJ., concur. [See, 146 Misc 2d 1072.]

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In a proceeding pursuant to Mental Hygiene Law § 33.03 and 14 NYCRR 527.8 to authorize involuntary treatment of the respondent Carmela M., the petitioner appeals from a judgment of the Supreme Court, Queens County (Graci, J.), entered September 27, 1989, which dismissed the proceeding.

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

The issues raised on this appeal are academic because the respondent Carmela M. was discharged from the petitioner hospital’s inpatient unit on September 20, 1989, and from its outpatient clinic on January 24, 1990. Further, this case does not "involve * * * significant and novel issues of State-wide importance which are likely to recur but which typically escape review because of the time it takes to appeal such decisions” (Matter of Fosmire v Nicoleau, 75 NY2d 218, 221, n 1). Thus, we decline to review them (cf., Matter of Fosmire v Nicoleau, supra; Matter of Storar, 52 NY2d 363, 369-370; Matter of Westchester Rockland Newspapers v Leggett, 48 NY2d 430, 434-437; Matter of Gannett Co. v De Pasquale, 43 NY2d 370, 376, affd 443 US 368; Ughetto v Acrish, 130 AD2d 12, 17). Sullivan, J. P., Balletta, Ritter and Copertino, JJ., concur. [See, 146 Misc 2d 1072.]

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Bluebook (online)

177 A.D.2d 489, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-lesser-nyappdiv-1991.

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