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Appeal unanimously dismissed without costs as moot (see, People ex rel. Wilder v Markley, 26 NY2d 648, rearg denied 27 NY2d 737; People ex rel. Kendricks v Smith, 52 AD2d 1090). (Appeal from Judgment of Supreme Court, Erie County, Kane, J. — Habeas Corpus.) Present — Pine, J. P., Hayes, Hurl-butt, Scudder and Lawton, JJ.