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Zheng Z. v. South Beach Psychiatric Center

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 8, 2009

IN THE MATTER OF ZHENG Z. (ANONYMOUS), APPELLANT;
v.
SOUTH BEACH PSYCHIATRIC CENTER, RESPONDENT.

In a proceeding pursuant to CPL 330.20 for a second retention order, Zheng Z. appeals, by permission, from an order of the Supreme Court, Richmond County (Minardo, J.), dated June 20, 2008, which, after a hearing, granted the petitioner's application for the continued retention of Zheng Z. for a period not to exceed two years from April 24, 2007, the date of the expiration of the first retention order dated April 24, 2006.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., HOWARD MILLER, THOMAS A. DICKERSON and SHERI S. ROMAN, JJ.

(Index No. 3133/07)

DECISION & ORDER

ORDERED that the appeal is dismissed as academic, without costs or disbursements.

The order appealed from expired by its own terms on April 24, 2009. Accordingly, this appeal is academic, and the issue raised is not sufficiently substantial or novel to warrant invoking an exception to the mootness doctrine (see Matter of Anonymous v New York City Health & Hosps. Corp., 70 NY2d 972, 974; Matter of David C., 69 NY2d 796, 798; Matter of Geraldine P., 27 AD3d 755, 756; Matter of Fernando L., 13 AD3d 450, 451; Matter of Kelvin S., 267 AD2d 241, 241; Matter of Richard S., 242 AD2d 575, 576).

RIVERA, J.P., MILLER, DICKERSON and ROMAN, JJ., concur.

20091208

© 1992-2009 VersusLaw Inc.



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