STATE OF NEW YORK PETITIONER RESPONDENT v. << (2013)

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

STATE OF NEW YORK, PETITIONER–RESPONDENT.

CA 13–00084

Decided: November 15, 2013

PRESENT: SCUDDER, P.J., CENTRA, CARNI, LINDLEY, AND SCONIERS, JJ.

EASTON THOMPSON KASPEREK SHIFFRIN LLP, ROCHESTER (BRIAN SHIFFRIN OF COUNSEL), FOR RESPONDENT–APPELLANT. S. J., RESPONDENT–APPELLANT PRO SE. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (JONATHAN D. HITSOUS OF COUNSEL), FOR PETITIONER–RESPONDENT.

ORDER

MEMORANDUM AND ORDER

Appeal, by permission of the Appellate Division of the Supreme Court in the Fourth Judicial Department, from an order of the Monroe County Court (Vincent M. Dinolfo, J.), dated August 6, 2012 in a proceeding pursuant to CPL 330.20(9). The order determined that respondent is mentally ill and authorized the Commissioner of the New York State Office of Mental Health to continue to retain respondent in a nonsecure facility for care and treatment until July 2, 2013.

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

Even assuming, arguendo, that the exception to the mootness doctrine applies, we conclude that a fair interpretation of the evidence supports County Court's determination (see Matter of Rabinowitz v. James M., 63 AD3d 481, 481).

Frances E. Cafarell

Clerk of the Court

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