In a habeas corpus proceeding brought to test the validity of certain extradition proceedings, the appeal is from a judgment of the Supreme Court, Nassau County, entered June 5, 1970 after a hearing, which dismissed the writ. Judgment reversed, on the law, without costs, and proceeding remitted to the Special Term for a further hearing, in accordance with the views set forth herein. The questions of fact have not been considered. The affidavit of Sheriff Baker upon which the extradition warrant was founded failed to establish probable cause on an in-state basis ( People v. Artis, 32 A.D.2d 554; People ex rel. Gatto v. District Attorney of Richmond County, 32 A.D.2d 1053). Accordingly, under the doctrine and practice of People v. Artis ( supra), the proceeding should be remitted to the Special Term for a further hearing upon which the court may consider such supplemental proof as the demanding State may submit, if any, upon the question whether there was probable cause for the issuance of the warrant (see People v. Artis, supra, p. 555). Rabin, Acting P.J., Hopkins, Martuscello, Latham and Brennan, JJ., concur.