Opinion
November 26, 1973
In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated January 12, 1973, which dismissed the writ. Judgment affirmed, without costs. The question raised by relator with respect to delinquent time may not be considered, as the record before us contains no proof in respect thereto ( Matter of Engle v. County of Westchester, 38 A.D.2d 601, 602). Munder, Acting P.J., Martuscello, Shapiro, Brennan and Benjamin, JJ., concur.