Opinion
February 11, 1991
Appeal from the County Court, Dutchess County (King, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
In 1984 the petitioner, an inmate in New York, requested that he be returned to the Commonwealth of Virginia to dispose of an armed robbery charge. This request was honored and he was sent to Virginia where he stood trial, was found guilty and was sentenced. He was then returned to New York to complete his term of incarceration. Upon completion of his term in New York, he was returned to Virginia so that he might begin serving his sentence there. As the petitioner has already been returned to the Commonwealth of Virginia, the issues asserted in this appeal have been rendered academic (see, Matter of Hearst Corp. v Clyne, 50 N.Y.2d 707). Thompson, J.P., Brown, Balletta, Miller and O'Brien, JJ., concur.