Order unanimously reversed, without costs of this appeal to either party, writ dismissed, and relator remanded to the custody of the Warden of Auburn Prison. Memorandum: The issues herein are controlled by our decision in People ex rel. Bell v. Murphy (18 A D 2d 17). Accordingly, the proceeding must be dismissed. (Appeal by People from order of Cayuga County Court sustaining a writ of habeas corpus and discharging relator.) Present Williams, P. J., Bastow, Goldman, McClusky and Noonan, JJ.