Opinion
April 16, 1979
Appeal by petitioner from a judgment of the Supreme Court, Westchester County, dated July 12, 1978, which dismissed his petition to compel his immediate release from prison. Appeal dismissed as academic, without costs or disbursements. "Petitioner is now on parole and is no longer restrained in his liberty to such an extent that he is entitled to the relief sought (see CPLR 7002, subd [a]; People ex rel. Wilder v Markley, 26 N.Y.2d 648; People ex rel. Jones v. Ternullo, 52 A.D.2d 631)" (People ex rel. Tucker v. Board of Parole, 56 A.D.2d 585). Hopkins, J.P., Lazer, Cohalan and Martuscello, JJ., concur.