
    The People of the State of New York ex rel. Anthony Bilotti, Respondent, v. Warden, New York City Correctional Institution for Men, Appellant.
    Submitted May 20, 1974;
    decided July 10, 1974.
    Reported below, 42 A D 2d 115.
    
      Joseph Alan Kaplan and David Steinberg for motion.
    
      Adrian P. Burke, Corporation Counsel (Susan S. Belkin of counsel), opposed.
   Motion granted and appeal dismissed, without costs, upon the ground that the Corporation Counsel of the City of New York may not appeal in the name of the State from an order discharging a relator from custody. (CPLR 7009, subd. [a]; 7011; see People ex rel. Berman v. McDonnell, 269 App. Div. 864.)  