
    The People of the State of New York ex rel. Robert Johnson, Appellant, v. Ernest L. Montanye, as Superintendent of Attica Correctional Facility, Respondent.
    Submitted September 3, 1974;
    decided September 18, 1974.
    Reported below, 42 A D 2d 1041.
   Motion to dismiss appeal granted and appeal dismissed, without costs, upon the ground that relator has been released from prison and, therefore, his liberty is not restrained to such a degree as to entitle, him to the extraordinary writ of habeas corpus (People ex rel. Wilder v. Markley, 26 N Y 2d 648).  