Opinion
April 7, 1961
Appeal from the Cayuga County Court.
Present — Williams, P.J., Goldman, Halpern, McClusky and Henry, JJ.
Order unanimously reversed on the law, without costs of this appeal to either party, writ dismissed, and relator remanded to the custody of the Warden of Auburn Prison. Memorandum: This case is decided in accordance with the decision in People ex rel. Clemente v. Warden ( 10 A.D.2d 57, affd. 9 N.Y.2d 216).