Majority
p. 490The People of the State of New York ex rel. Fortunato Aurigemma, Respondent, v. Edward M. Fay, as Warden of Green Haven Prison, Appellant.
Motion by respondent to dismiss appeal. The motion is dismissed as academic in view of the decision on the cross motion decided herewith. Cross motion by appellant to discontinue appeal, granted. Nolan, P. J., Beldock, Kleinfeld, Pette and Brennan, JJ., concur.