
    The People of the State of New York ex rel. Robert Burke, Appellant, v Harold J. Smith, as Superintendent of Attica Correctional Facility, Respondent.
    Submitted October 20, 1980;
    decided November 13, 1980
   Motion to dismiss the appeal herein granted and the appeal dismissed, without costs, upon the ground that the relator has been released on parole and, therefore, his liberty is no longer restrained to such a degree as to entitle him to the extraordinary writ of habeas corpus (People ex rel. Wilder v Markley, 26 NY2d 648).  