Majority
p. 775In the Matter of Martin X. Sostre, Appellant, v. Walter H. Wilkins, as Warden of Attica Prison, et al., Respondents.
Order unanimously reversed and matter remitted to Erie Special Term for a hearing in accordance with the memorandum. Memorandum: The petitioner was entitled to a hearing of the issues presented by the pleadings. (Appeal from order of the Erie Special Term denying petitioner’s application and dismissing the petition, without a hearing.) Present — Williams, P. J., Bastow, Goldman, McClusky and Henry, JJ.