Opinion
June 2, 1997
Appeal from the Supreme Court, Nassau County (Jonas, J.).
Ordered that the appeal is dismissed as academic, without costs or disbursements.
The petitioner in this matter has already been released. The appeal is therefore academic since habeas corpus will lie only when the petitioner is entitled to immediate release (see generally, People ex rel. DeFlumer v. Strack, 212 A.D.2d 555, and cases cited herein).
Miller, J.P., Altman, Goldstein and Florio, JJ., concur.