Application, pursuant to CPLR 7002 (subd. [b], par. 2), for a writ of habeas corpus denied for legal insufficiency, in that there is no showing that petitioner's present confinement is illegal or improper (see Penal Law, § 70.40, subd. 3), and, in addition, for failure of compliance with CPLR, article 70, and more particularly with the provisions of CPLR 7002, (subd. [c]). Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Reynolds, JJ., concur.