
    The People of the State of New York ex rel. David O’Donnell, against Henry J. Noble, as Warden of the New York City Penitentiary.
   Motion to dismiss appeal granted and the cross motion for leave to appeal in forma pauperis is denied in all respects.

Concur-—-Breitel, J. P., Rabin, Frank, Valente and Stevens, JJ.  