| People ex rel. Gerald Smith v Michelle Artus, etc. |
| Motion No: 2017-1146 |
| Slip Opinion No: 2018 NY Slip Op 63553 |
| Decided on February 8, 2018 |
| Court of Appeals Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and subject to revision before publication in the Official Reports. |
The People ex rel. Gerald Smith,
Appellant,
v
Michelle Artus, etc.,
Respondent.
Motion for leave to appeal dismissed upon the ground that relator has been released from respondent's custody and, therefore, he is not entitled to the extraordinary writ of habeas corpus (seePeople ex rel. Wilder v Markley, 26 NY2d 648 [1970]; see also People ex rel. Bourlaye T. v Connolly, 25 NY3d 1054 [2015]).