Ordered that the appeal from the judgment is dismissed, without costs or disbursements, as it was superseded by the order made upon reargument; and it is further,
Ordered that the appeal from the order is dismissed as academic, without costs or disbursements.
The petitioner has been released from custody, and is, therefore, not entitled to the extraordinary relief of habeas corpus (see, People ex rel. Julio v. Walters, 58 N.Y.2d 881; People ex rel. Wilder v. Markley, 26 N.Y.2d 648; People ex rel. Kitchen v Sullivan, 121 A.D.2d 415). Mangano, J.P., Brown, Niehoff and Eiber, JJ., concur.