Ordered that the appeal is dismissed as academic, without costs or disbursements.
Contrary to the Supreme Court's conclusion, and as noted by the respondents, where the temporary release committee has denied the inmate's temporary release application and, upon appeal to the central office, the denial is upheld, no further administrative appeal is provided for by the Department of Correctional Services ( 7 NYCRR 1900.6). The inmate may then commence a proceeding pursuant to CPLR article 78 for judicial review of the denial. Since the petitioner herein followed the proper procedure, it was error for the Supreme Court to dismiss the petition upon the ground that there was a failure to exhaust administrative remedies.
Nevertheless, the remittal of this proceeding to the Supreme Court is not warranted. The petitioner, in his petition, requested, in relevant part, an opportunity to reapply for temporary release. He became eligible to reapply for temporary release on November 15, 1987. Accordingly, this proceeding has been rendered academic. Bracken, J.P., Lawrence, Weinstein and Balletta, JJ., concur.