— Application, pursuant to CPLR 7002 (subd. [b], par. 2), for a writ of habeas corpus denied as insufficient on its face (People ex rel. Carr v. Martin, 286 N. Y. 27). The issues sought to be raised may be considered upon the pending appeal from the judgment. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.