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MATTER OF MENTAL HYGIENE LEGAL SERV. v. DELANEY

No. 28.

38 N.Y.3d 1076 (2022)

191 N.E.3d 1113

171 N.Y.S.3d 842

2022 NY Slip Op 02578

In the Matter of MENTAL HYGIENE LEGAL SERVICE, THIRD JUDICIAL DEPARTMENT, on Behalf of OLIVIAH CC., an Infant, Appellant, v. KERRY DELANEY, Acting Commissioner, New York State Office for People with Developmental Disabilities, et al., Respondents.

Court of Appeals of New York.

Decided April 21, 2022.

Attorney(s) appearing for the Case

Sheila E. Shea, Mental Hygiene Legal Service, Third Judicial Department, Albany (Shannon Stockwell of counsel), for appellant.

Letitia James, Attorney General, Albany (Laura Etlinger, Barbara D. Underwood and Andrea Oser of counsel), for Kerry Delaney and another, respondents.

Stafford, Owens, Piller, Murnane, Kelleher & Trombley, PLLC, Plattsburgh (Brendan P. Owens of counsel), for Champlain Valley Physicians Hospital, respondent.

Disability and Aging Justice Clinic, CUNY School of Law, Long Island City (Natalie M. Chin of counsel), for Autistic Self Advocacy Network and others, amici curiae.

The Arc New York, Latham (Kathryn E. Jerian of counsel), for The Arc New York, amicus curiae.

OPINION OF THE COURT

MEMORANDUM.

The appeal should be dismissed without costs, upon the ground that the issues presented are moot.

The subject child, a 16-year-old with developmental disabilities, was admitted into the emergency room of respondent Champlain Valley Physicians Hospital (hospital) after an incident at school during which she became unmanageable. When the hospital determined that the child did not require inpatient psychiatric or medical...

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