
    The People of the State of New York ex rel. Bernard Frankel, Appellant, against Joseph H. Brophy, as Warden of Auburn State Prison, Respondent.
    Submitted November 28, 1938;
    decided December 6, 1938.
    
      John J. Bennett, Jr., Attorney-General (Everett D. Mereness of counsel), for motion.
   No one opposed.

Motion granted and appeal dismissed because not properly taken.  