Di Rose v. Moody

Appellate Division of the Supreme Court of New York

Di Rose v. Moody

224 A.D.2d 847, 638 N.Y.S.2d 365, 1996 N.Y. App. Div. LEXIS 1288

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 22, 1996

StatusPublished

This text of 224 A.D.2d 847 (Di Rose v. Moody) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Di Rose v. Moody, 224 A.D.2d 847, 638 N.Y.S.2d 365, 1996 N.Y. App. Div. LEXIS 1288 (N.Y. Ct. App. 1996).

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Opinion

—Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 24, 1995 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as moot.

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.

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—Appeal from a judgment of the Supreme Court (Feldstein, J.), entered February 24, 1995 in Clinton County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition as moot.

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.

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Bluebook (online)

224 A.D.2d 847, 638 N.Y.S.2d 365, 1996 N.Y. App. Div. LEXIS 1288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/di-rose-v-moody-nyappdiv-1996.