Appeal unanimously dismissed without costs as moot (see, People ex rel. Wilder v Markley, 26 NY2d 648, rearg denied 27 NY2d 737; People ex rel. Kendricks v Smith, 52 AD2d 1090). *1037(Appeal from Judgment of Supreme Court, Erie County, Fa-hey, J. — Habeas Corpus.) Present — Lawton, J. P., Hayes, Wisner, Pigott, Jr., and Callahan, JJ.