McKenna v. Goord

—Appeal unanimously dismissed without costs. Memorandum: On three occasions, respondent’s mailroom personnel at Attica Correctional Facility (Attica) opened petitioner’s privileged mail in violation of 7 NYCRR 721.3 (b) (1) (iii) (a). While at Attica, *1075petitioner commenced this CPLR article 78 proceeding seeking an order directing that respondent’s personnel cease opening his privileged mail outside of his presence. Supreme Court dismissed the petition.

Because petitioner has been transferred to another correctional facility, his mail will no longer be opened at Attica. Therefore, he is no…