Majority
p. 894The People of the State of New York ex rel. Jero Kitt, Appellant, v. Thomas H. Ramsden, as Warden of Nassau County Jail, Respondent.
In a habeas corpus proceeding, relator appeals from a decision of the Supreme Court, Nassau County, rendered October 23, 1964, which denied the writ. No judgment was made in the proceeding. Appeal dismissed, without costs; no appeal lies from a decision. We have nevertheless examined the merits and have concluded that we would affirm if the appeal were not being dismissed. Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.