IN RE: JOHN COLVIN (2013)

Supreme Court, Appellate Division, Fourth Department, New York.

IN RE: JOHN COLVIN, ACTING SUPERINTENDENT, FIVE POINTS CORRECTIONAL FACILITY, PETITIONER–RESPONDENT, v. RONNIE COVINGTON, RESPONDENT–APPELLANT.

CA 12–00538

Decided: July 19, 2013

PRESENT: CENTRA, J.P., SCONIERS, VALENTINO, WHALEN, AND MARTOCHE, JJ.

J. SCOTT PORTER, SENECA FALLS, FOR RESPONDENT–APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ALLYSON B. LEVINE OF COUNSEL), FOR PETITIONER–RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Respondent appeals from an order that, inter alia, granted the petition seeking to require him to cooperate with the medical personnel of the Department of Corrections and Community Supervision and to cooperate in the methods of force feeding and necessary medical treatment. We conclude that this appeal is moot because the order by its own terms has expired, and the exception to the mootness doctrine does not apply herein (see generally Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707, 714–715). We add only that there is no merit to respondent's contention that the order does not

“ ‘conform strictly to [Supreme Court's] decision’ “ (Spier v. Horowitz, 16 AD3d 400, 401).

Frances E. Cafarell

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law