IN RE: JOHN COLVIN

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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