Majority
p. 646The People of the State of New York ex rel. Marie Stavies on Behalf of Martin Rothstone, an Incompetent, Appellant, against Edward V. Loughlin, as Committee of the Person and Property of Martin Rothstone, an Incompetent, et al., Respondents.
Pinal order unanimously modified, on the law, without costs, and all the decretal paragraphs therein stricken except the first, and, as so modified, affirmed. A grant of counsel fees in a habeas corpus proceeding is not permissible. (People ex rel. Sabbeth v. Sabbeth, 2 Mise 2d 593.) Concur — Botein, P. J., Breitel, McNally, Stevens and Noonan, JJ.