Claim of Rubino v. City of New York

Motion to dismiss appeal as academic granted, respondent board having vacated the decision appealed during the pendency of the appeal. The subsequent decision may not be reviewed upon this appeal. (Cf. Matter of Williams v. Bowers, 24 A D 2d 1035; Matter of Veach v. County of Erie, 24 A D 2d 916; where, upon rehearing, the board adhered to its original decision.) Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.