
    The People of the State of New York ex rel. John Monk, Appellant, v Victor Herbert, as Superintendent of Attica Correctional Facility, Respondent.
    [742 NYS2d 591]
   Judgment unanimously affirmed. Counsel’s motion to vacate the dismissal of the appeal and to be relieved of assignment granted (see, People v Crawford, 71 AD2d 38). (Appeal from Judgment of Supreme Court, Wyoming County, Dadd, J. — Habeas Corpus.) Present — Green, J.P., Hayes, Hurlbutt, Kehoe and Burns, JJ.  