Opinion
Submitted September 9, 1999
October 18, 1999
In a habeas corpus proceeding, the petitioner appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Orange County (Owen, J.).
ORDERED that the appeal is dismissed as academic, without costs or disbursements.
While the instant appeal was pending, the petitioner was released from Otisville Correctional Facility. Accordingly, the petitioner's habeas corpus proceeding challenging the legality of his detention must be dismissed as academic (see, People ex rel. DeFlumer v. Strack, 85 N.Y.2d 966; People ex rel. Alexander S. v. Bennett, 251 A.D.2d 690; People ex rel. Jose S. v. Bennett, 251 A.D.2d 689).
THOMPSON, J.P., SULLIVAN, ALTMAN, and FEUERSTEIN, JJ., concur.