PEOPLE EX REL. TUFF v. WALTERS

Appeal dismissed as academic, without costs or disbursements.

Since petitioner has already been released from state prison, he is not entitled to habeas corpus relief ( People ex rel. Julio v. Walters, 58 N.Y.2d 881; People ex rel. Giles v. Walters, 90 A.D.2d 801; People ex rel. Bovian v. Johnson, 103 A.D.2d 813; People ex rel. Davidson v. Walters, 100 A.D.2d 917). However, we note that even without including the time that petitioner was in Federal custody, the record conclusively demonstrates that petitioner was not given the required final parole revocation hearing within 90 days of his waiver of a preliminary parole revocation hearing ( see, Executive Law § 259-i [f] [i]; People ex rel. Gonzales v. Dalsheim, 52 N.Y.2d 9). Lazer, J.P., Mangano, O'Connor and Brown, JJ., concur.