
    In the Matter of James Perry, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
   Appeal unanimously dismissed upon the ground that the issue presented is academic in view of petitioner’s parole to a North Carolina warrant on January 30, 1975. (See Foote v Flood, 44 AD2d 566, app dsmd as academic 34 NY2d 803.) (Appeal from judgment of Wyoming Supreme Court—article 78.) Present— Moule, J. P., Cardamone, Simons, Dillon and Witmer, JJ.  