Majority
p. 845The People of the State of New York ex rel. Dexter Winett, Appellant, v. John L. Zelker, as Superintendent of Green Haven Correctional Facility, Respondent.
In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated February 23, 1971, which dismissed the writ. (Relator’s notice of appeal which was filed prior to the making of the judgment is treated as valid.) Appeal dismissed, without costs. Upon the argument of the appeal, relator’s counsel conceded that relator was on parole; therefore the appeal is moot. Shapiro, Acting P. J., Gulotta, Christ and Brennan, JJ., concur.