PEOPLE EX REL. NUNEZ v. N.Y. ST BD. OF PAROLE

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.