BOSCO, MAUREEN v. CALVIN, MICHAEL ( 2012 )

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department 990 CA 11-01782 PRESENT: SMITH, J.P., FAHEY, PERADOTTO, CARNI, AND SCONIERS, JJ. IN THE MATTER OF THE APPLICATION OF MAUREEN BOSCO, ACTING EXECUTIVE DIRECTOR OF CENTRAL NEW YORK PSYCHIATRIC CENTER, ORDER PETITIONER-RESPONDENT, FOR AN ORDER AUTHORIZING THE INVOLUNTARY TREATMENT OF MICHAEL C., A PATIENT AT CENTRAL NEW YORK PSYCHIATRIC CENTER, RESPONDENT-APPELLANT. EMMETT J. CREAHAN, DIRECTOR, MENTAL HYGIENE LEGAL SERVICE, UTICA (NICHOLE M. HINMAN OF COUNSEL), FOR RESPONDENT-APPELLANT. ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, ALBANY (ANDREW B. AYERS OF COUNSEL), FOR PETITIONER-RESPONDENT. Appeal from an order of the Supreme Court, Oneida County (Bernadette T. Clark, J.), entered June 2, 2011. The order, among other things, determined that respondent lacked the capacity to make a reasoned decision concerning his own treatment and adjudged that certain medication may be administered to respondent over his objection. Now, upon reading and filing the stipulation of discontinuance signed by the attorneys for the parties on July 16, 2012, It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. Entered: September 28, 2012 Frances E. Cafarell Clerk of the Court