Majority
p. 944The People of the State of New York ex rel. Thomas Spurio, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
Order affirmed, without costs of this appeal to either party. All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present — Cunningham, P. J., Dowling, Harris, McCurn and Larkin, JJ.