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In re Barbara C.

64 N.Y.2d 866 Court N.Y. Decision date 1985-02-21 English

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p. 866
In the Matter of Barbara C. John J. Sabatos, as Director of the Brooklyn Developmental Center, Respondent; Francis M. Savastano, as Director of the Mental Health Information Service, Appellant.
Argued February 13, 1985;
decided February 21, 1985
p. 867
APPEARANCES OF COUNSEL
Dennis B. Feld for appellant.
Robert Abrams, Attorney-General (Christopher Keith Hall, Peter Sherwood, Richard Rifkin, Thomas P. Dorsey and Robert L. Schonfeld of counsel), for respondent.
p. 868
OPINION OF THE COURT

Appeal dismissed, without costs, for mootness. The constitutional questions which are the only issues the appellant now presents to this court were not raised or preserved in the trial court. There is therefore no basis for this court to exercise its discretion to retain the appeal despite the mootness, when the issues tendered are not within the scope of our review. Unlike the Appellate Division which may reach and decide issues which are not properly preserved, this court is limited to reviewing questions of law.