Order affirmed, without costs of this appeal to any party. (See Matter of Pizza v. Lyons, 278 App. Div. 65, affd. 303 N. Y. 736.) All concur. (Appeal from an order denying the relief sought in the petition for a writ of habeas corpus and remanding relator to the custody of the warden of Auburn State Prison.) Present — Taylor, P. J., MeCurn, Vaughan, Piper and Wheeler, JJ.