
    The People of the State of New York ex rel. Harvey Bistany, Appellant, v. Joseph H. Brophy, Esq., Warden of Auburn State Prison, Auburn, New York, Respondent.
   Order affirmed, without costs of this appeal to either party. All concur. (The order dismisses a writ of habeas corpus and remands relator into custody.) Present —1 Crosby, P. J., Cunningham, Taylor, Harris and McCurn, JJ.  