
    The People of the State of New York ex rel. Joseph Rucco, Appellant, v Warden, Rikers Island Correctional Facility, et al., Respondents.
    [789 NYS2d 884]
   Appeal from order, Supreme Court, Bronx County (Michael A. Gross, J.), entered January 7, 2004, which dismissed the petition for a writ of habeas corpus, unanimously dismissed, without costs, as moot.

Since petitioner has been reinstated to parole status, his appeal is moot (see People ex rel. McGann v Ross, 91 NY2d 865 [1997]). Concur — Tom, J.E, Mazzarelli, Andrias, Friedman and Gonzalez, JJ.  