
    Second Department,
    May, 1971
    (May 4, 1971) 
    The People of the State of New York ex rel Joseph Pabone, Petitioner, v. William Phimister, as Warden of Westchester County Jail, Respondent.
   The order to show cause herein, dated April 29,1971 was directed by Mr. Justice Christ to be treated as a writ of habeas corpus returnable in this court. Production of the petitioner was waived. Petition and writ dismissed, without costs. Latham, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.  