Opinion
October 5, 1965
Application for an order to show cause, which we deem to be a petition for writ of habeas corpus pursuant to CPLR 7002 (subd. [b], par. 2) denied as insufficient on its face ( People v. Dusablon, 16 N.Y.2d 9). Appellant's conviction has been affirmed upon appeal ( People v. Marcelin, 23 A.D.2d 368). If we were to consider the application as one for an order to show cause to commence a proceeding under CPLR, article 78, we would deny it ( Matter of Harris v. New York State Bd. of Parole, 7 A.D.2d 662). Gibson, P.J., Herlihy, Reynolds, Taylor and Hamm, JJ., concur.