—Appeal from a judgment of the Supreme Court at Special Term *860(Dier, J.), entered July 2,1985 in Clinton County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.
Judgment affirmed, without costs, upon the opinion of Justice John G. Dier at Special Term. Main, J. P., Weiss, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.