Opinion
April 10, 1989
Appeal from the Supreme Court, Dutchess County (Braatz, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The petitioner has been released from custody, 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). Thompson, J.P., Kunzeman, Eiber, Spatt and Balletta, JJ., concur.