Summary
dismissing appeal from order denying as moot patient's application for a hearing pursuant to N.Y. Mental Hyg. Law § 9.39 because she was no longer being confined to psychiatric center pursuant to N.Y. Mental Hyg. Law § 9.39
Summary of this case from Phelps v. BoscoOpinion
March 28, 1985
Appeal from the Supreme Court, Albany County (Conway, J.).
On the evening of November 26, 1984, petitioner was involuntarily admitted to respondent under the emergency provision of Mental Hygiene Law § 9.39. On December 6, 1984, petitioner, in an effort to obtain her release, petitioned for a court hearing pursuant to Mental Hygiene Law § 9.39 (a). A hearing date was set for December 11, 1984. In the interim, petitioner was involuntarily admitted pursuant to Mental Hygiene Law § 9.27, which provides for involuntary commitment upon the certification of two examining physicians and an application for admission executed by one of a number of qualified persons listed in the statute. As a result of this intervening admission, Trial Term held that petitioner's application for a hearing was moot, since the emergency admission under section 9.39 had been superseded by the involuntary admission under section 9.27. Petitioner filed her notice of appeal from this dismissal on December 13, 1984 and was subsequently released from confinement on December 21, 1984. Respondent's motion to dismiss the appeal as moot was denied without prejudice to the issue being raised on appeal.
Inasmuch as petitioner is no longer being confined by respondent, this appeal is moot ( see, Matter of Marsha W.W. v Capital Dist. Psychiatric Center, 103 A.D.2d 988; People ex rel. Bousquet v. Katz, 83 A.D.2d 533, affd 55 N.Y.2d 1025).
Appeal dismissed, as moot, without costs. Mahoney, P.J., Kane, Casey, Weiss and Levine, JJ., concur.