Opinion
July 3, 1995
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The respondents have advised this Court that the petitioner is now being held on the basis of a subsequent determination denying parole which followed another hearing. The present appeal is therefore academic ( see, e.g., Matter of Bates v. Russi, 212 A.D.2d 602; Matter of Lee v. Russi, 211 A.D.2d 720; Matter of James v. Russi, 211 A.D.2d 719; Matter of Weir v. New York State Div. of Parole, 205 A.D.2d 906).
Were we to reach the merits of the appeal, we would affirm the judgment appealed from since the petitioner has "failed to rebut the presumption that the parole board complied with statutory requirements" ( Matter of Lee v. Russi, supra, at 720, citing Executive Law § 259-i; Matter of McLain v. New York State Div. of Parole, 204 A.D.2d 456; Matter of Scott v. Russi, 208 A.D.2d 931). Bracken, J.P., Balletta, Rosenblatt and Altman, JJ., concur.