
    The People of the State of New York ex rel. Joseph A. Kaplan on Behalf of Joseph Anthony Smith, Appellant, v. Benjamin Malcolm, as Commissioner, New York City Department of Correction, et al., Respondents.
    Submitted September 10, 1973;
    decided October 11, 1973.
    
      William Gallagher and Joseph Alan Kaplan for motion.
    
      Norman Bedlich, Corporation Counsel (Leonard Koerner and Stanley Buohsbaum of counsel), opposed.
   Motion dismissed upon the ground that it was not timely made (CPLR 5513, subd. [c]; CPLR 2103, subd. [b], par. 2; Cohen and Karger, Powers of the New York Court of Appeals, p. 431).  