Opinion
January 23, 1995
Appeal from the Supreme Court, Orange County (Barone, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The petitioner has reappeared before the Board of Parole since the January 22, 1991, determination, and has again been denied release. The present appeal is therefore moot (see, Matter of James v. Russi, 211 A.D.2d 719 [decided herewith]; Matter of Rentz v. Herbert, 206 A.D.2d 944; Matter of Weir v. New York State Div. of Parole, 205 A.D.2d 906). Were we to reach the merits, we would affirm the judgment appealed from, in that the petitioner has failed to rebut the presumption that the parole board complied with statutory requirements (see, Executive Law § 259-i; Matter of McLain v. New York State Div. of Parole, 204 A.D.2d 456; Matter of Scott v. Russi, 208 A.D.2d 931). Bracken, J.P., Balletta, Friedmann and Krausman, JJ., concur.