Opinion
July 2, 1969
Appeal by the relator from a judgment of the Chemung County Court, entered on December 27, 1968, which dismissed a writ of habeas corpus after a hearing. It appears from the record that relator was discharged from custody on April 22, 1969. Accordingly, the appeal is dismissed as academic, without costs. ( People ex rel. Butts v. McMann, 24 N.Y.2d 772.) Appeal dismissed, without costs. Gibson, P.J., Herlihy, Staley, Jr., and Cooke, JJ., concur in memorandum by Herlihy, J.; Aulisi, J., not voting.