Majority
p. 726The People of the State of New York ex rel. Lewis Blende, Appellant, v. W. Cecil Johnston, as Superintendent of Matteawan State Hospital, Respondent.
Motion by relator-appellant: (1) to reverse a judgment of the Supreme Court, Dutchess County, entered December 18, 1958 dismissing a writ of habeas corpus, after a hearing, on the ground that the stenographic minutes of said hearing cannot he made available; (2) to grant a new hearing on said writ. Motion granted; judgment reversed, without costs and proceeding remanded to the Supreme Court, Dutchess County to hold a new hearing upon the writ (People v. De Mayo, 2 A D 2d 985 ). Brennan, Acting P. J., Hill, Rabin, Hopkins and Benjamin, JJ., concur.