Majority
p. 549The People of the State of New York ex rel. Walter Thomas Asta, Appellant, v. John T. Deegan, as Warden of Sing Sing Prison, Respondent.
In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Westchester County, entered January 6, 1969, which dismissed the writ. Appeal dismissed as moot, without costs. Relator having been released from custody pending this appeal is not restrained in his liberty and is not entitled to a writ of habeas corpus (CPLR 7002, subd. [a]). Hopkins, Acting P. J., Munder, Kleinfeld, Brennan and Benjamin, JJ., concur.