
    In the Matter of Carmelo Benpensata, Appellant, against Joseph H. Brophy, as Warden of Auburn Prison, Respondent.
   Order affirmed, without costs of this appeal to either party. (See Downey v. Hale, 67 F. 2d 208, and People v. Nitzberg, 289 N. Y. 523, 530.) All concur. (The order dismisses a writ of habeas corpus and' remands relator into custody.) Present — Taylor, P. J., Dowling, MeCurn, Larkin and Love, JJ.  