—Appeal unanimously dismissed without costs as moot (see, People ex rel. Knox v Kelly, 70 NY2d 870). (Appeal from Judgment of Supreme Court, Erie County, Dillon, J.— Habeas Corpus.) Present — Green, J. P., Lawton, Wisner, Hurl-butt and Balio, JJ.
The People of the State of New York ex rel. James McDaniel, Appellant, v. Victor L. Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents
266 A.D.2d 898698 N.Y.S.2d 196
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