
    The People of the State of New York ex rel. Michael Kilgallen, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted November 16, 1939;
    decided November 30, 1939.
    
      Michael Kilgallen, appellant, in person.
    
      John J. Bennett, Jr., Attorney-General {Patrick H. Chine and Edward T. Boyle of counsel), for respondent.
   Appeal dismissed, as there is no constitutional question involved. No opinion.

Concur: Crane, Ch. J., Lehman, Htjbbs, Loughran, Finch and Rippey, JJ. Taking no part: O’Brien, J.  