
    The People of the State of New York ex rel. Fred Rothermel, Appellant, v. Thomas H. Murphy, as Warden of Clinton Prison, Dannemora, N. Y., Respondent.
   The relator is now being held on the commitment of the Parole Board, following the violation of the terms imposed by the Governor who had granted commutation. The Board was without power to commit under the law as it then existed, sections 696, 697, 698, Code of Criminal Procedure. Order reversed and relator discharged. Hill, P. J., Crapser and Heffernan, JJ., concur; Rhodes and Bliss, JJ., dissent. (See People ex rel. Atkins v. Jennings, 248 N. Y. 46.)  