Majority
p. 866The People of the State of New York ex rel. Thomas M. Lavelle, Appellant, v. Robert E. Murphy, as Warden of Auburn Prison, Respondent.
Order unanimously affirmed, without costs of this appeal to either party. (Appeal from order of Cayuga Special Term dismissing a writ of habeas corpus and remanding the relator to the custody of the Warden.) Present — Williams, P. J., Bastow, Halpern, McClusky and Henry, JJ.