In re David C.
Cases that cite this one
31 later published cases cite this decision. The 25 that cite it most often are listed here.
- Matter of Joshua J. (Tameka J.) (N.Y. 2025)
- Mortgage Lenders Network USA, Inc. v. Wells Fargo Bank (In re Mortgage Lenders Network USA, Inc.) (United States Bankruptcy Court, D. Delaware 2009)
- In re Helen DeSanto (Appellate Division of the Supreme Court of New York 2010)
- Matter of Prisoners' Legal Servs. of N.Y. v. New York State Dept. of Corr. & Community Supervision (N.Y. 2024)
- Matter of Maurice M. (Kinyamu) (Appellate Division of the Supreme Court of New York 2015)
- State v. Robert F. (N.Y. 2015)
- J., S., STATE OF NEW YORK, v (Appellate Division of the Supreme Court of New York 2013)
- Subsequent Retention Order Pursuant to CPL 330.20 in Relation to S.J. v. State (Appellate Division of the Supreme Court of New York 2013)
- Subsequent Retention Order Pursuant to CPL 330.20 in Relation to S.J. v. State (Appellate Division of the Supreme Court of New York 2013)
- State v. Maurice G. (New York Supreme Court 2011)
- Cornelius v. City of Oneonta (Appellate Division of the Supreme Court of New York 2010)
- In re Carpeah N. (Appellate Division of the Supreme Court of New York 2010)
- In re Zheng Z. (Appellate Division of the Supreme Court of New York 2009)
- In re Miguel M. (Appellate Division of the Supreme Court of New York 2009)
- Gonzalez v. Warden of Rikers Island (Appellate Division of the Supreme Court of New York 2006)
- In re Geraldine P. (Appellate Division of the Supreme Court of New York 2006)
- In re Fernando L. (Appellate Division of the Supreme Court of New York 2004)
- IBE Trade Corp. v. Litvinenko (Appellate Division of the Supreme Court of New York 2002)
- In re McCue (Appellate Division of the Supreme Court of New York 2001)
- In re Richard S. (Appellate Division of the Supreme Court of New York 1997)
- People ex rel. Perdue v. Jablonsky (New York Supreme Court 1997)
- In re Sylvie J. (Appellate Division of the Supreme Court of New York 1996)
- Crumpley v. Wack (Appellate Division of the Supreme Court of New York 1995)
- In re Douglas Z. (Appellate Division of the Supreme Court of New York 1991)
- Afrika v. Jones (Appellate Division of the Supreme Court of New York 1989)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Memorandum.
The order of the Appellate Division, insofar as it dismissed the appeal by Michael C., should be affirmed, without costs. The Appellate Division did not abuse its discretion in dismissing the appeal to that court for mootness (see, Matter of Anonymous, 55 NY2d 1021).
The appeal by David C. should be dismissed, without costs, for mootness. We decline to adopt petitioner’s contention that all retention proceedings — because they are necessarily short-lived and therefore typically evade review — should be subject to review irrespective of mootness. The fundamental principle that a court’s power to declare the law is limited to determining actual controversies in pending cases is subject to an exception that permits the courts to preserve particular issues which are recurring, substantial and novel, and typically evade review (see, Matter of Hearst Corp. v Clyne, 50 NY2d 707, 713-715). Even if we were to accept petitioner’s contention that retention orders typically evade review, no blanket rule could be made for retention proceedings. The determination whether to consider particular issues despite their mootness must depend additionally on the recurring, novel and substantial nature of those issues as they are presented.
Here, we are persuaded that the issue raised — whether an involuntarily retained patient who has not requested a hearing may nonetheless obtain a "rehearing” of a retention order pursuant to Mental Hygiene Law § 15.35 — is not sufficiently substantial or novel to warrant an exercise of this court’s exceptional discretion to retain the appeal despite mootness (see, Matter of Barbara C., 64 NY2d 866, 868; Matter of Hearst Corp. v Clyne, 50 NY2d 707, 715, supra).
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
Order insofar as it dismissed the appeal by petitioner Michael C. affirmed, without costs, and appeal by petitioner David C. dismissed, without costs, in a memorandum.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.