Keryc v. Nassau County Civil Service Commission

— In a proceeding pursuant to CPLR article 78 to review a determi*670nation of the respondents dated October 9, 1986, which found the petitioner not qualified for employment as a Nassau County Correction Officer, the petitioner appeals from a judgment of the Supreme Court, Nassau County (Roberto, J.), dated August 3, 1987, which dismissed the proceeding on the merits.

Ordered that the judgment is affirmed, with costs.

While we find unpersuasive the respondents’ contention that this appeal has been rendered academic by reason of the expiration of the eligible list upon which the petitioner’s name…