
    Third Department,
    October, 1965
    (October 5, 1965)
    The People of the State of New York ex rel. Harvey Marcelin, Petitioner, v. Attorney-General of the State of New York et al., Respondents.
   Application for an order to show cause, which w.e deem to he 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). Gibspn, P. J., Herlihy, Reynolds, Taylor and Hamm, JJ.. concur.  