
    The People of the State of New York ex rel. Victor Gariti, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted November 21, 1938;
    decided January 4, 1939.
    
      
      John J. Bennett, Jr., Attorney-General (Everett D. Mereness of counsel), for motion.
    
      Victor Gariti, in person, opposed.
   Motion granted and appeal dismissed.  