
    The People of the State of New York ex rel. Donald Tibbs, Appellant, v Stephen Dalsheim, as Superintendent of the Ossining Correctional Facility, Respondent.
   In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County, entered December 11, 1978, which, in effect, dismissed the proceeding. Appeal dismissed, without costs or disbursements. Since the petitioner is no longer incarcerated, the petition is academic (see People ex rel. Ali v Sperbeck, 66 AD2d 827). Mollen, P. J., Hopkins, Damiani and Titone, JJ., concur.  