Matter of Bosco (Michael C.)
2012 NY Slip Op 06456 [98 AD3d 1291]
September 28, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 24, 2012


In the Matter of Maureen Bosco, Acting Executive Director of Central New York Psychiatric Center, Respondent, for an Order Authorizing the Involuntary Treatment of Michael C., a Patient at Central New York Psychiatric Center, Appellant.

—[*1] Emmett J. Creahan, Director, Mental Hygiene Legal Service, Utica (Nichole M. Hinman of counsel), for respondent-appellant.

Eric T. Schneiderman, Attorney General, Albany (Andrew B. Ayers of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered June 2, 2011. The order, among other things, determined that respondent lacked the capacity to make a reasoned decision concerning his own treatment and adjudged that certain medication may be administered to respondent over his objection.

Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 16, 2012,

It is hereby ordered that said appeal is unanimously dismissed without costs upon stipulation. Present—Smith, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.