Ordered that the judgment is affirmed, without costs or disbursements.
Where, during the pendency 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) denies release, the challenge to the Board's prior denial is rendered academic, because the petitioner is "being held pursuant to the subsequent determination...
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