
    The People of the State of New York ex rel. James McDaniel, Appellant, v Victor L. Herbert, as Superintendent of Collins Correctional Facility, et al., Respondents.
    [698 NYS2d 196]
   —Appeal unanimously dismissed without costs as moot (see, People ex rel. Knox v Kelly, 70 NY2d 870). (Appeal from Judgment of Supreme Court, Erie County, Dillon, J.— Habeas Corpus.) Present — Green, J. P., Lawton, Wisner, Hurl-butt and Balio, JJ.  