Majority
p. 686The People of the State of New York ex rel. Gary Martinez, Appellant, v. James A. Thomas, as Warden. Submitted September 24, 1968; decided November 14, 1968.
p. 687
Julia P. Heit and Anthony F. Marra for motion.
No one opposed.
Motion denied, without' prejudice to relator’s bringing, against the proper party, a new proceeding which complies with the explicit requirements of CPLR 7002 and 7004.