
    The People of the State of New York ex rel. Robert McClain, Appellant, v Joseph E. McCoy, as Superintendent of Cayuga Correctional Facility, Respondent.
    [761 NYS2d 569]
   —Appeal from a judgment (denominated order) of Supreme Court, Cayuga County (Corning, J.), entered February 19, 2002, which denied the petition for a writ of habeas corpus.

It is hereby ordered that said appeal be and the same hereby is unanimously dismissed without costs as moot {see People ex rel. Kendricks v Smith, 52 AD2d 1090 [1976]). Present — Green, J.P., Wisner, Scudder, Kehoe and Burns, JJ.  