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Di Rose v. Moody

Appellate Division of the Supreme Court of New York, Third Department
Feb 22, 1996
224 A.D.2d 847 (N.Y. App. Div. 1996)

Opinion

February 22, 1996

Appeal from the Supreme Court, Clinton County (Feldstein, J.).


Petitioner, a prison inmate, made a request under the Freedom of Information Law for a copy of a tape of a disciplinary hearing. After petitioner was provided with a copy of the tape, it was evidently lost, prompting petitioner to request another copy. Petitioner commenced this CPLR article 78 proceeding after his second request for the tape was initially denied. However, after petitioner was provided with a second copy of the tape, Supreme Court granted respondent's motion to dismiss the petition as moot. We agree that the matter is moot and need not address the merits of petitioner's claims.

Cardona, P.J., Mikoll, Crew III, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed, without costs.


Summaries of

Di Rose v. Moody

Appellate Division of the Supreme Court of New York, Third Department
Feb 22, 1996
224 A.D.2d 847 (N.Y. App. Div. 1996)
Case details for

Di Rose v. Moody

Case Details

Full title:In the Matter of RICARDO A. DI ROSE, Appellant, v. RODNEY MOODY, as…

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Feb 22, 1996

Citations

224 A.D.2d 847 (N.Y. App. Div. 1996)
638 N.Y.S.2d 365