— Appeal from order, Supreme Court, New York County (Michael R. Ambrecht, J.), entered on or about June 28, 2004, which denied and dismissed the petition for a writ of habeas corpus, unanimously dismissed, without costs.
The appeal is moot in light of petitioner’s release from custody (see People ex rel. McGann v Ross, 91 NY2d 865 [1997]; People ex rel. Doyle v Fischer, 159 AD2d 208 [1990]). Concur — Ellerin, J.P., Nardelli, Williams, Gonzalez and Sweeny, JJ.