
    The People of the State of New York ex rel. Ruth Farnum, Appellant, v. Superintendent of Matteawan State Hospital, Respondent.
   In a habeas corpus proceeding, relator appeals from an order of the Supreme Court, Dutchess County, dated November 1, 196.1 and entered November 16, 1961, which failed to sustain the writ on the legal grounds requested ” and set the matter down for a hearing to determine whether the petitioner is presently competent to face trial.” Appeal dismissed. An intermediate order in a habeas corpus proceeding is not appealable (Civ. Prac. Act, § 1274; People ex rel. Duryee v. Duryee, 188 N. Y. 440; People ex rel. Wysocki v. Webster, 268 App. Div. 811; Matter of Schwartz v. Zimmerman, 275 App. Div. 852; People ex rel. Behar v. Behar, 8 A D 2d 958). Ughetta, Acting P. J., Kleinfeld, Rabin and Hopkins, JJ., concur; Brennan, J., not voting.  