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IN THE MATTER OF MELVIN S.

57 A.D.3d 1002 (2008)

869 N.Y.S.2d 791

In the Matter of MELVIN S., Appellant. BROOKDALE HOSPITAL, Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

December 30, 2008.

Ordered that the order is reversed, on the law, without costs or disbursements, the petition is denied, and the proceeding is dismissed.

Although the period of retention directed by the order appealed from has expired, under the circumstances, the matter qualifies as an exception to the mootness doctrine, in that, inter alia, the issue presented is likely to recur and may in the future evade review (see Matter of Harry M., 96 A.D.2d 201

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