
    The People of the State of New York ex rel. George F. Jones, Appellant, v Vito M. Ternullo, as Superintendent, Fishkill Correctional Facility, Respondent.
   In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated May 28, 1975, which, after a hearing, dismissed the petition. Appeal dismissed as moot, without costs or disbursements. Petitioner is now on parole and is no longer in respondent’s custody (see People ex rel. Miller v Follette, 33 AD2d 789; People ex rel. Christian v Vincent, 49 AD2d 914). Martuscello, Acting P. J., Rabin, Shapiro, Titone and Hawkins, JJ., concur.  