Majority
p. 671(December 7, 1977) The People of the State of New York ex rel. Richard G. Lovell, Appellant, v Carl F. Draxler, as Sheriff of Chemung County, Respondent.
Motion for permission to proceed as a poor person and for assignment of counsel denied and appeal dismissed upon the ground that relator having been released, his liberty is no longer restrained so as to entitle him to the extraordinary writ of habeas corpus (see People ex rel. Wilder v Markley, 26 NY2d 648 ). Koreman, P. J., Mahoney, Larkin, Mikoll and Herlihy, JJ., concur.