Ordered that the appeal is dismissed, without costs or disbursements, as academic.
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. Kitchen v. Sullivan, 121 A.D.2d 415). Mangano, J.P., Bracken, Brown and Spatt, JJ., concur.