Majority
p. 857The People of the State of New York ex rel. Kermit Burns, Appellant, v Chris Mellas, as Superintendent of Watertown Correctional Facility, et al., Respondents. Submitted December 6, 2006; decided February 15, 2007
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 [1970]).
Judge Jones taking no part.