Appeal dismissed, without costs or disbursements.
No appeal lies from an intermediate order in a habeas corpus proceeding (CPLR 7011; People ex rel. Ardito v Trujillo, 88 A.D.2d 1002). In any event, the proceeding was appropriately referred to the court in which the criminal proceeding was then pending (22 NYCRR 683.1 [a] [2]). Weinstein, J.P., Brown, Niehoff and Lawrence, JJ., concur.