Bates v. Russi

—In a proceeding pursuant to CPLR article 78 to review a determination of the New York State Board of Parole dated April 28, 1992, which, after a hearing, denied the petitioner’s request to be released on parole, the petitioner appeals from an order and judgment (one paper) of the Supreme Court, Dutchess County (Dolan, J.), dated October 26, 1993, which, upon granting the respondent’s motion to dismiss the proceeding, dismissed the proceeding.

Ordered that the appeal is dismissed as academic, without costs or disbursements.

The petitioner’s appeal must be dismissed as academic because the…