People ex rel. Kinnard v. Strack

—In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Marlow, J.), dated August 10, 1999, which denied the petition and dismissed the proceeding.

*665Ordered that the appeal is dismissed as academic, without costs or disbursements.

While the instant appeal was pending, the petitioner was released from Auburn Correctional Facility. Accordingly, the petitioner’s habeas corpus proceeding challenging the legality of his detention must be dismissed as academic (see, People ex rel. DeFlumer v Strack, 85 NY2d 966; People ex rel. Alexander S. v…