Opinion
February 14, 1995
Appeal from the Supreme Court, Dutchess County (Dolan, J.).
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 Board of Parole, his parole request has been denied again and he is being held pursuant to the subsequent determination (see, Matter of James v. Russi, 211 A.D.2d 719; Matter of Rentz v Herbert, 206 A.D.2d 944; Matter of Weir v. New York State Div. of Parole, 205 A.D.2d 906).
Were we to reach the merits of this appeal, we would affirm as the Board's decision was made in accordance with the law (see, Executive Law § 259-i; Matter of Scott v. Russi, 208 A.D.2d 931). Sullivan, J.P., Miller, Copertino, Joy and Friedmann, JJ., concur.