MOTLEY, Judge
Defendants in the above-captioned matter have filed a motion to dismiss, arguing that plaintiff's remaining claims for declaratory and injunctive relief are moot now that plaintiff has been released from prison. Defendants served their motion by mailing it to plaintiff's last known address, which was at Sing Sing Correctional Facility. Because plaintiff apparently did not give the prison a forwarding address — nor did he give one to defendants' counsel or to the court — it is likely that plaintiff never received defendants' motion.
Defendants' motion appears to be meritorious, and the court is inclined to grant it. Although plaintiff effectively has not had an opportunity to respond, this is his own fault, and the court does not condone his failure to inform the court of his whereabouts. Out of an abundance of caution, however, the court was able to obtain a more recent mailing address for plaintiff through his probation officer. That address is as follows:
Arnaldo Montero 1322 Bedford Avenue Brooklyn, N Y 11216
Defendants are hereby ORDERED to serve a copy of their motion to dismiss on plaintiff at the above-referenced address on or before December 3, 2001. Plaintiff shall file and serve an opposition to defendants' motion on or before January 4, 2002. The court will decide this motion on the papers. If plaintiff does not file an opposition by January 4, 2002, the court will dismiss his remaining claims with prejudice.
The pre-trial conference previously scheduled for November 30, 2001 is hereby ADJOURNED.
SO ORDERED.