
    The People of the State of New York ex rel. Gaither Norris, Appellant, v Vito Ternullo, as Superintendent, Fishkill Correctional Facility, Respondent.
   In a habeas corpus proceeding, the petitioner appeals from a judgment of the Supreme Court, Dutchess County, dated January 22, 1976, which dismissed the petition. Judgment affirmed, without costs or disbursements (cf. Solari v Vincent, 38 NY2d 835). We have considered appellant’s contention that he is being denied parole because of his status as a mental patient and find it to be without merit. Rabin, Acting P. J., Shapiro, Titone and O’Connor, JJ., concur.  