
    The People of the State of New York ex rel. Joseph Perino, Appellant, v Theodore Schubin, as Superintendent of the Ossining Correctional Facility, Respondent.
   In a habeas corpus proceeding, petitioner appeals from a judgment of the Supreme Court, Westchester County, dated December 18, 1972, which, after a hearing, dismissed the proceeding. Judgment affirmed, without costs or disbursements. The proceeding was properly dismissed. Martuscello, Acting P. j., Latham, Cohalan, Damiani and Hawkins, JJ., concur.  