
    The People of the State of New York ex rel. James J. Archer. Appellant, against Joseph H. Brophy, as Warden of Auburn Prison, Respondent.
    Submitted October 18, 1943;
    decided October 21, 1943.
    
      James J. Archer, in person, for motion.
    No one opposed.
   Motion denied on the ground that the appellant’s appeal has not been heard on the merits in the Appellate Division; that the order of the Appellate Division refusing appellant permission to use typed papers there is not appealable; and that under the provisions of the Constitution no appeal lies to this court from the order of the Special Term, as of right.  