Majority
p. 865The People of the State of New York ex rel. Clarence D. McGann, Also Known as John French, Appellant, v Bert Ross, as Superintendent of Arthur Kill Correctional Facility, Respondent. Submitted November 10, 1997; decided December 22, 1997
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 ).