T.D. et al., Appellants, v. NEW YORK STATE OFFICE OF MENTAL HEALTH et al., Respondents.
OPINION OF THE COURT
The appeal should be dismissed, without costs.
In bringing this action, plaintiffs sought to have declared invalid regulations promulgated by defendant New York State Office of Mental Health (OMH), pertaining to experimental medical research on patients or residents of OMH facilities deemed incapable of giving consent. Plaintiffs have received the complete relief sought in this litigation. A successful party who has obtained the full relief sought is not aggrieved, and therefore has no grounds for appeal (CPLR 5511; Parochial Bus Sys. v. Board of Educ., 60 N.Y.2d 539, 544-545, 470 N.Y.S.2d 564, 458 N.E.2d 1241; Matter of Bayswater Health Related Facility v. Karagheuzoff, 37 N.Y.2d 408, 412-413, 373 N.Y.S.2d 49, 335 N.E.2d 282).
We note moreover that, once the Appellate Division in its decision below had concluded that the challenged regulations were invalid because OMH lacked statutory authority to promulgate them, it was unnecessary under the circumstances here presented to prospectively declare the regulations invalid on additional common-law, statutory, and constitutional grounds. In doing so, the Appellate Division issued an inappropriate advisory opinion (see, Cuomo v. Long Is. Light. Co., 71 N.Y.2d 349, 525 N.Y.S.2d 828, 520 N.E.2d 546; New York Pub. Interest Research Group v. Carey, 42 N.Y.2d 527, 399 N.Y.S.2d 621, 369 N.E.2d 1155; Matter of State Indus. Commn., 224 N.Y. 13, 119 N.E. 1027).
Since plaintiffs are not aggrieved, and defendants have not cross-appealed, the appeal must be dismissed.
Appeal dismissed, without costs, in a memorandum.
KAYE, C.J., and TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY, JJ., concur.