Matter of Dill v Michael P.
2023 NY Slip Op 03158 [217 AD3d 1431]
June 9, 2023
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 9, 2023


[*1]
 In the Matter of Danielle Dill, Psy.D., Executive Director of Central New York Psychiatric Center, Respondent,
v
Michael P., Appellant.

Todd G. Monahan, Little Falls, for respondent-appellant.

Letitia James, Attorney General, Albany (Christopher Liberati-Conant of counsel), for petitioner-respondent.

Appeal from an order of the Supreme Court, Oneida County (Louis P. Gigliotti, A.J.), entered May 19, 2022, in a proceeding pursuant to Mental Hygiene Law § 33.03. The order, inter alia, granted petitioner's application for authorization to administer medication to respondent over his objection.

It is hereby ordered that said appeal is unanimously dismissed without costs.

Memorandum: Respondent appeals from an order granting petitioner's application for authorization to administer medication to respondent over his objection. The order, inter alia, provided that "the [o]rder shall terminate" upon respondent's discharge from civil hospitalization. Because respondent has been discharged from civil hospitalization and transferred to a correctional facility, the order terminated by its own terms, rendering this appeal moot (see generally Matter of McGrath, 245 AD2d 1081, 1082 [4th Dept 1997]), and this case does not fall within the exception to the mootness doctrine (see id.; see generally Matter of Hearst Corp. v Clyne, 50 NY2d 707, 714-715 [1980]). Present—Smith, J.P., Lindley, Curran, Bannister and Ogden, JJ.