
    The People of the State of New York ex rel. David Cook, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
    Submitted December 27, 1976;
    decided January 13, 1977
   Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that relator has been released on parole and, therefore, his liberty is no longer ' restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (People ex rel. Wilder v Markley, 26 NY2d 648).  