Opinion
May 5, 1997
Appeal from the Supreme Court, Westchester County (Barone, J.).
Ordered that the appeal from so much of the order and judgment as dismissed the habeas corpus proceeding is dismissed, without costs or disbursements; and it is further,
Ordered that the order and judgment is affirmed insofar as reviewed, without costs or disbursements.
While this appeal was pending, the parties entered into a court-ordered stipulation (Barone, J.), providing that a maternal aunt and her husband would have custody of the parties' three children for an indefinite period with visitation supervised by them. Accordingly, the question of whether the habeas corpus proceeding was properly dismissed is academic ( see, Matter of Hearst Corp. v. Clyne, 50 N.Y.2d 707, 713).
The appellant's remaining contentions are academic, unpreserved for appellate review, or without merit ( see, Lande v Lande, 239 A.D.2d 563 [decided herewith]; Damen v. North Shore Univ. Hosp., 234 A.D.2d 255; Haibi v. Haibi, 171 A.D.2d 842).
O'Brien, J.P., Goldstein, McGinity and Luciano, JJ., concur.