People ex rel. Smiley v. Warden (30 A.D.2d 937, 1968)

Decision is recalled and the order of this court entered on September 19, 1968 [30 A D 2d 936] is vacated. The appeals are to be placed on the calendar for the November 1968 Term of this court. Concur — Stevens, J. P., Eager, Capozzoli, McGivern and Rabin, JJ.