Application in an article 78 proceeding to recover a penalty pursuant to CPLR 7003 (subd. [c]) denied, without costs. Application for issuance of a subpoena duces tecum in that proceeding denied. Application, insofar as it seeks to compel respondent to pass upon a petition for a writ of habeas corpus, denied, without costs. Application, insofar as it requests in the alternative that this court entertain the petition for a writ of habeas corpus pursuant to CPLR 7002 (subd. [b], par. 2) granted, without costs. Herlihy, P.J., Reynolds, Aulisi, Staley, Jr., and Cooke, JJ., concur.