
    The People of the State of New York ex rel. Daniel Di Lapo, Appellant, against B. John Tutuska, as Sheriff of the County of Erie, Respondent.
   Order unanimously affirmed, without costs of this appeal to either party. (Appeal from order of Erie Special Term, dismissing the writ of habeas corpus.) Present — Williams, P. J., Bastow, Halpern, MeClusky and Henry, JJ.  