Majority
p. 796The People of the State of New York ex rel. Ronald Simpson, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent. Submitted December 6, 1982; decided January 6, 1983
p. 797
Motion for leave to appeal dismissed upon the ground that relator has been released from custody and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (see People ex rel. Wilder v Markley, 26 NY2d 648 ).