Opinion
October 20, 1966
Appeal from a judgment of the Supreme Court, Clinton County, which dismissed a writ of habeas corpus after a hearing. The briefs of both parties allege that pending this appeal the relator's sentence was vacated and a new sentence imposed on January 14, 1966. Accordingly, this appeal is rendered academic. ( People ex rel. Taylor v. McMann, 24 A.D.2d 1080, mot. for lv. to app. den. 17 N.Y.2d 421.) For the reason set forth above, the appeal is dismissed as academic, without costs. Gibson, P.J., Reynolds and Staley, Jr., JJ., concur; Taylor, J., not voting.