In a proceeding in the nature of habeas corpus, the appeal is from an order of the Supreme Court, Suffolk County, dated January 19, 1973, which conditionally granted defendant’s motion to reinstate bail previously fixed at $5,000. Appeal dismissed as moot, without costs, in view of the People’s consent, in connection with defendant’s motion to be released from jail, to the fixation of bail in the sum of $5,000. Latham, Acting P. J., Shapiro, Gulotta, Brennan and Benjamin, JJ., concur.