Majority
p. 982(November 26, 1963) In the Matter of John Konik, Petitioner, v. W. Cecil Johnston, as Superintendent of Matteawan State Hospital, Respondent.
Application by petitioner for a writ of mandamus directed to the Superintendent of the Matteawan State Hospital, dismissed. The proceeding was improperly instituted in this court (CPLR 506, subd. [b], par. 1). If the application were considered as an application for a writ of habeas corpus, it would be denied on the ground that it fails to comply with CPLR 7002. Beldoek, P. J., Christ, Brennan, Hill and Rabin, JJ., concur.