Majority
p. 604The People of the State of New York ex rel. Joseph Greenberg, Relator, v. Joseph T. Higgins, as Sheriff of the County of New York, Respondent, and National Surety Company, Appellant.
Order reversed, the writ dismissed and the relator remanded to custody, on the authority of People ex rel. Kinney v. Sheehy (National Surety Company) ( 240 App. Div. 878 , and cases there cited). Present — Finch, P. J., Martin, O’Malley, Townley and Glennon, JJ.