
    The People of the State of New York ex rel. John Whaley, Appellant, v Harold Graham, as Superintendent of Auburn Correctional Facility, Respondent.
    [832 NYS2d 841]
   Appeal from a judgment of the Supreme Court, Cayuga County (Peter E. Corning, A.J.), entered May 12, 2006 in a habeas corpus proceeding. The judgment dismissed the petition.

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—Gorski, J.E, Lunn, Fahey, Green and Pine, JJ.  