Majority
p. 666In the Matter of Gene Lacy, Petitioner, against Commissioner of the Department of Correction of the State of New York et al., Respondents.
Application for permission to prosecute appeal as a poor person and for the assignment of counsel denied, upon the ground that the record shows an appeal has not been taken. Present — Foster, P. J., Bergan, Coon, Gibson and Herlihy, JJ.