In re Michael L.

Appellate Division of the Supreme Court of New York

In re Michael L.

43 A.D.3d 822, 840 N.Y.S.2d 878

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

DecidedSeptember 4, 2007

StatusPublished

This text of 43 A.D.3d 822 (In re Michael L.) 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 Michael L., 43 A.D.3d 822, 840 N.Y.S.2d 878 (N.Y. Ct. App. 2007).

Pincite

Opinion

In a proceeding pursuant to Mental Hygiene Law § 9.33 to retain a patient in a mental health care facility for involuntary psychiatric care for a period not to exceed six months, the petitioner appeals from an order of the Supreme Court, Suffolk County (Berler, J.), dated November 17, 2006, which, after a hearing, denied the petition and directed the release of the patient. By decision and order on motion of this Court dated November 30, 2006, enforcement of the order was stayed pending hearing and determination of the appeal.

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

Under the particular circumstances of this case, this appeal has been rendered academic, and this matter does not otherwise [823]*823warrant invoking an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707 [1980]; Asher v Gigante, 21 AD3d 916 [2005]; Equicredit Corp. of Am. v Cabrero, 17 AD3d 520 [2005]). Therefore, dismissal is appropriate (see Romaro Corp. v Sea & Sky Garden, 304 AD2d 742 [2003]; Matter of Congregation Bnei Yoel v Monroe-Woodbury Cent. School Dist., 258 AD2d 582 [1999]; Matter of Vetri, 208 AD2d 755 [1994]). Mastro, J.P., Covello, McCarthy and Dickerson, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to Mental Hygiene Law § 9.33 to retain a patient in a mental health care facility for involuntary psychiatric care for a period not to exceed six months, the petitioner appeals from an order of the Supreme Court, Suffolk County (Berler, J.), dated November 17, 2006, which, after a hearing, denied the petition and directed the release of the patient. By decision and order on motion of this Court dated November 30, 2006, enforcement of the order was stayed pending hearing and determination of the appeal.

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

Under the particular circumstances of this case, this appeal has been rendered academic, and this matter does not otherwise [823]*823warrant invoking an exception to the mootness doctrine (see Matter of Hearst Corp. v Clyne, 50 NY2d 707 [1980]; Asher v Gigante, 21 AD3d 916 [2005]; Equicredit Corp. of Am. v Cabrero, 17 AD3d 520 [2005]). Therefore, dismissal is appropriate (see Romaro Corp. v Sea & Sky Garden, 304 AD2d 742 [2003]; Matter of Congregation Bnei Yoel v Monroe-Woodbury Cent. School Dist., 258 AD2d 582 [1999]; Matter of Vetri, 208 AD2d 755 [1994]). Mastro, J.P., Covello, McCarthy and Dickerson, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

43 A.D.3d 822, 840 N.Y.S.2d 878, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-michael-l-nyappdiv-2007.

Opinion

Related

Cite This Page — Counsel Stack