Opinion
November 13, 1989
Appeal from the Supreme Court, Dutchess County (Rubenfeld, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The petitioner was released from custody on October 19, 1987, and is therefore, not entitled to the extraordinary relief of habeas corpus (see, People ex rel. Julio v Walters, 58 N.Y.2d 881; People ex rel. Wilder v Markley, 26 N.Y.2d 648; People ex rel. Owens v Sullivan, 128 A.D.2d 572; People ex rel. Lublin v New York State Div. of Parole, 128 A.D.2d 746; People ex rel. Kitchen v Sullivan, 121 A.D.2d 415). Bracken, J.P., Kunzeman, Kooper and Balletta, JJ., concur.