
    In the Matter of Peter J. Tusa, Appellant, v. Harold W. Follette, as Warden of Greenhaven Prison, Respondent.
   Judgment of the Supreme Court) Dutchess County, dated March 4, 1969, affirmed, without costs. The same issue has been ruled upon by the Appellate Division, Fourth Judicial Department. We therefore affirm. (See Matter of Tusa v. New York State Dept. of Correction, 25 A D 2d 499, and the record on appeal therein.) Brennan, Acting P. J., Hopkins, Benjamin, Martuseello and Kleinfeld, JJ., concur.  