Majority
p. 868The People of the State of New York ex rel. Archie Shannon, Appellant, v Sibatu Khahaifa, Superintendent, Orleans Correctional Facility, et al., Respondents. Submitted July 12, 2010; decided October 19, 2010
Motion for leave to appeal dismissed upon the ground that appellant 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 [1970]).
Judge Pigott taking no part.