Majority
p. 543The People of the State of New York ex rel. Fernando Gastelu, Appellant, v Dennis Breslin, Respondent. Submitted September 12, 2003; decided December 2, 2003
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 ). Motion for poor person relief dismissed as academic.