Petitioner seeks habeas corpus relief on the ground that respondent failed to comply with the time and notice provisions of Executive Law § 259-i (3) (f) (i) and (iii). As petitioner has been released from custody, he is not entitled to the extraordinary relief afforded under CPLR article 70 (see, People ex rel. Julio v Walters, 58 N.Y.2d 881; People ex rel. Kitchen v Sullivan, 121 A.D.2d 415) and his appeal should be dismissed as moot.
Weiss, P.J., Mikoll, Mercure and Crew III, JJ., concur. Ordered that the appeal is dismissed, as moot, without costs.