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In the Matter of MICHAEL LESSER, as Clinical Director of Inpatient Services at Hillside Hospital, Appellant. CARMELA M., Respondent.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The issues raised on this appeal are academic because the respondent Carmela M. was discharged from the petitioner hospital's inpatient unit on September 20, 1989, and from its outpatient clinic on January 24, 1990. Further, this case does not "involve * * * significant and novel issues of State-wide importance which are likely to recur but which typically escape review because of the time it takes to appeal such decisions" (Matter of Fosmire v. Nicoleau, 75 N.Y.2d 218, 221, n 1). Thus, we decline to review them (cf., Matter of Fosmire v. Nicoleau, supra; Matter of Storar, 52 N.Y.2d 363, 369-370; Matter of Westchester Rockland Newspapers v. Leggett, 48 N.Y.2d 430, 434-437; Matter of Gannett Co. v. De Pasquale, 43 N.Y.2d 370, 376, affd 443 U.S. 368; Ughetto v. Acrish, 130 A.D.2d 12, 17). Sullivan, J.P., Balletta, Ritter and Copertino, JJ., concur. [ See, 146 Misc.2d 1072. ]

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MATTER OF LESSER
(Nov 4, 1991)