MATTER OF DI ROSE v. SOUTHPORT CORR. FACILITY


226 A.D.2d 870 (1996)

640 N.Y.S.2d 823

In the Matter of Ricardo A. Di Rose, Appellant, v. Southport Correctional Facility, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

April 11, 1996


Petitioner, a prison inmate, commenced this proceeding pursuant to CPLR article 78 to compel respondent to return a confiscated $20 money order. Supreme Court dismissed the petition, finding that respondent complied with applicable regulations in confiscating the money order. Since the filing of petitioner's notice of appeal, respondent agreed to return the money order to petitioner's common-law wife. In view of this, we find that petitioner's appeal is now moot.

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