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Matter of Lesser

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1991
177 A.D.2d 489 (N.Y. App. Div. 1991)

Opinion

November 4, 1991

Appeal from the Supreme Court, Queens County (Graci, J.).


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

The issues raised on this appeal are academic because the respondent Carmela M. was discharged from the petitioner hospital's inpatient unit on September 20, 1989, and from its outpatient clinic on January 24, 1990. Further, this case does not "involve * * * significant and novel issues of State-wide importance which are likely to recur but which typically escape review because of the time it takes to appeal such decisions" (Matter of Fosmire v. Nicoleau, 75 N.Y.2d 218, 221, n 1). Thus, we decline to review them (cf., Matter of Fosmire v. Nicoleau, supra; Matter of Storar, 52 N.Y.2d 363, 369-370; Matter of Westchester Rockland Newspapers v. Leggett, 48 N.Y.2d 430, 434-437; Matter of Gannett Co. v. De Pasquale, 43 N.Y.2d 370, 376, affd 443 U.S. 368; Ughetto v. Acrish, 130 A.D.2d 12, 17). Sullivan, J.P., Balletta, Ritter and Copertino, JJ., concur. [ See, 146 Misc.2d 1072. ]


Summaries of

Matter of Lesser

Appellate Division of the Supreme Court of New York, Second Department
Nov 4, 1991
177 A.D.2d 489 (N.Y. App. Div. 1991)
Case details for

Matter of Lesser

Case Details

Full title:In the Matter of MICHAEL LESSER, as Clinical Director of Inpatient…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 4, 1991

Citations

177 A.D.2d 489 (N.Y. App. Div. 1991)
575 N.Y.S.2d 702