Majority
p. 788The People of the State of New York ex rel. Salvatore Shillitani, Respondent, v. Edward M. Fay, as Warden of Green Haven Prison, Appellant.
Oral motion by respondent, made on calendar call on January 30, 1962, to dismiss appeal, granted; appeal dismissed. Motion by appellant to withdraw appeal, made by affidavit after calendar call, denied. Ughetta, Acting P. J., Christ; Brennan, Hill and Rabin, JJ., concur.