Matter of Kunz v. Shahadoth C.

Appellate Division of the Supreme Court of New York

Matter of Kunz v. Shahadoth C.

2017 NY Slip Op 2370, 148 A.D.3d 600, 49 N.Y.S.3d 291

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

DecidedMarch 28, 2017

Docket3523 530352/16

StatusPublished

This text of 2017 NY Slip Op 2370 (Matter of Kunz v. Shahadoth C.) 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.

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Matter of Kunz v. Shahadoth C., 2017 NY Slip Op 2370, 148 A.D.3d 600, 49 N.Y.S.3d 291 (N.Y. Ct. App. 2017).

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Opinion

*601 Appeal from order, Supreme Court, New York County (Carol Ruth Feinman, J.), entered June 16, 2016, which granted the petition and authorized petitioner to involuntarily retain and administer medical treatment to respondent for up to six months, unanimously dismissed, without costs, as moot.

By its own terms, the order which respondent seeks to challenge expired on December 16, 2016. Furthermore, it is undisputed that, in November 2016, respondent was transferred to another medical facility, and petitioner no longer has any direct stake in respondent’s medical treatment. Accordingly, the order is moot, and, under the circumstances presented, the exception to the mootness doctrine is inapplicable (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Concur — Friedman, J.R, Sweeny, Renwick, Andrias and Manzanet-Daniels, JJ.

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*601 Appeal from order, Supreme Court, New York County (Carol Ruth Feinman, J.), entered June 16, 2016, which granted the petition and authorized petitioner to involuntarily retain and administer medical treatment to respondent for up to six months, unanimously dismissed, without costs, as moot.

By its own terms, the order which respondent seeks to challenge expired on December 16, 2016. Furthermore, it is undisputed that, in November 2016, respondent was transferred to another medical facility, and petitioner no longer has any direct stake in respondent’s medical treatment. Accordingly, the order is moot, and, under the circumstances presented, the exception to the mootness doctrine is inapplicable (see Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]).

Concur — Friedman, J.R, Sweeny, Renwick, Andrias and Manzanet-Daniels, JJ.

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Bluebook (online)

2017 NY Slip Op 2370, 148 A.D.3d 600, 49 N.Y.S.3d 291, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-kunz-v-shahadoth-c-nyappdiv-2017.

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