Matter of Guttmacher v Melverton M.
2010 NY Slip Op 02356 [71 AD3d 1525]
March 19, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


In the Matter of Laurence Guttmacher, M.D., Clinical Director of Rochester Psychiatric Center, Respondent, v Melverton M., a Patient at Rochester Psychiatric Center, Appellant.

—[*1] Shirley A. Gorman, Brockport, for respondent-appellant.

Andrew M. Cuomo, Attorney General, Albany (Kathleen M. Arnold of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Monroe County (David Michael Barry, J.), entered October 9, 2008 in a proceeding pursuant to Mental Hygiene Law § 9.33. The order authorized the involuntary retention of respondent for six months from September 23, 2008.

It is hereby ordered that said appeal is unanimously dismissed without costs as moot (see Matter of Fernando L., 13 AD3d 450 [2004]). Present—Smith, J.P., Centra, Lindley, Sconiers and Pine, JJ.