In a habeas corpus proceeding, the appeal is from an order of the Supreme Court, Westchester County (Walsh, J.), dated September 15, 1981, which dismissed the writ. II Appeal dismissed as academic, without costs or disbursements. 11 The petitioner has been released from prison (see People ex rel. Wilder v Markley, 26 NY2d 648; People ex rel. Giles v Walters, 90 AD2d 801). Lazer, J. P., Mangano, Gibbons and Niehoff, JJ., concur.