Opinion
December 5, 1963
Appeal from the Cayuga County Court.
Present — Williams, P.J., Bastow, Goldman, McClusky and Noonan, JJ.
Order unanimously reversed, without costs of this appeal to either party, writ dismissed, and relator remanded to the custody of the Warden of Auburn Prison. Memorandum: The issues herein are controlled by our decision in People ex rel. Bell v. Murphy ( 18 A.D.2d 17). Accordingly, the proceeding must be dismissed.