In re McCue

Appellate Division of the Supreme Court of New York

In re McCue

281 A.D.2d 420, 721 N.Y.S.2d 262, 2001 N.Y. App. Div. LEXIS 2053

Appellate Division of the Supreme Court of the State of New York·Decided March 5, 2001·Published·Cited by 2 cases

Opinion

—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.

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 NY2d 707, 714-715; Matter of David C., 69 NY2d 796, 798). Ritter, J. P., Altman, Friedmann and Smith, JJ., concur.

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—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.

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 NY2d 707, 714-715; Matter of David C., 69 NY2d 796, 798). Ritter, J. P., Altman, Friedmann and Smith, JJ., concur.

In re McCue, 281 A.D.2d 420, 721 N.Y.S.2d 262, 2001 N.Y. App. Div. LEXIS 2053 (N.Y. Ct. App. 2001).

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Opinion

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