Ordered that the appeal is dismissed as academic, without costs or disbursements.
Where, pending a determination of a proceeding pursuant to CPLR article 78 to review a denial of release to parole, a petitioner receives a subsequent, de novo parole hearing, after which the New York State Board of Parole (hereinafter the Board of Parole) denies release, an appeal with respect to the prior denial is rendered academic, since the petitioner is "being held pursuant to...
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