Opinion
June 9, 1980
In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, entered April 25, 1979, which dismissed the petition. Appeal dismissed, without costs or disbursements. In view of petitioner's conditional release, he is no longer restrained of his liberty. Accordingly, he is not entitled to a writ of habeas corpus (see CPLR 7002, subd [a]; People ex rel. Yacobellis v. McKendrick, 28 N.Y.2d 808; People ex rel. Wilder v. Markley, 26 N.Y.2d 648; People ex rel. Butts v. McMann, 24 N.Y.2d 772; People ex rel. Jones v. Ternullo, 52 A.D.2d 631; People ex rel. Christian v. Vincent, 49 A.D.2d 914; People ex rel. Ali v. Sperbeck, 66 A.D.2d 827). Hopkins, J.P., Damiani, Titone and Lazer, JJ., concur.