PEOPLE EX REL. KITCHEN v. SULLIVAN

Appeal dismissed as moot, 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. Davidson v. Walters, 100 A.D.2d 917; People ex rel. Giles v Walters, 90 A.D.2d 801; People ex rel. Turnipseed v. LeFevre, 54 A.D.2d 939). Lazer, J.P., Bracken, Weinstein and Eiber, JJ., concur.