Opinion
2001-03323.
Decided March 15, 2004.
In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole dated March 22, 2000, which, after a hearing, denied the petitioner's request to be released to parole, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Beisner, J.), dated March 29, 2001, which denied the petition and dismissed the proceeding.
Samuel LaSalle, Stormville, N.Y., appellant pro se. Eliot Spitzer, Attorney-General, New York, N.Y. (Michael S. Belohlavek of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
The petitioner's appeal must be dismissed as academic because the petitioner has reappeared before a different panel of the New York State Board of Parole (hereinafter the Board), his parole request has been denied again, and he is being held pursuant to the subsequent determination ( see Matter of Lloyd v. New York State Div. of Parole, 217 A.D.2d 548, 549; Matter of James v. Russi, 211 A.D.2d 719; Matter of Lee v. Russi, 211 A.D.2d 720).
In any event, we would have affirmed the order and judgment because the Board's determination was made in accordance with the law and the petitioner did not make a showing of "irrationality bordering on impropriety" ( Matter of Russo v. New York State Bd. of Parole, 50 N.Y.2d 69, 77; see Executive Law § 259-i; Matter of Romer v. Travis, 299 A.D.2d 553; Matter of Almeyda v. New York State Div. of Parole, 290 A.D.2d 505; Matter of Silmon v. Travis, 266 A.D.2d 296, affd 95 N.Y.2d 470; Matter of Secilmic v. Keane, 225 A.D.2d 628; Matter of McLain v. New York State Div. of Parole, 204 A.D.2d 456).
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.