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In the Matter of the Application of Maureen Bosco, Acting Executive Director of Central New York Psychiatric Center v. Michael N

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 16, 2012

IN THE MATTER OF THE APPLICATION OF MAUREEN BOSCO, ACTING EXECUTIVE DIRECTOR OF CENTRAL NEW YORK PSYCHIATRIC CENTER, PETITIONER-RESPONDENT,
v.
MICHAEL N.,
RESPONDENT-APPELLANT.

Appeal from an order of the Supreme Court, Oneida County (Anthony F. Shaheen, J.), entered December 9, 2010.

Matter of Matter of Bosco v Michael N.

Decided on March 16, 2012

Appellate Division, Fourth Department

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.

PRESENT: SMITH, J.P., FAHEY, LINDLEY, AND MARTOCHE, JJ.

(APPEAL NO. 1.)

The order, among other things, determined that respondent lacked the capacity to make a reasoned decision concerning his own treatment and adjudged that medication may be administered to respondent over his objection.

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

Memorandum: Respondent appeals from an order granting the application of petitioner seeking authorization to administer medication to respondent over his objection. The order has since expired, rendering this appeal moot, and this case does not fall within the exception to the mootness doctrine (see Matter of Rene L., 27 AD3d 1136; Matter of McGrath, 245 AD2d 1081).

Entered: March 16, 2012

Frances E. Cafarell Clerk of the Court

20120316

© 1992-2012 VersusLaw Inc.



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