Application, pursuant to CPLR 7002 (subd. [b], par. 2), for a writ of habeas corpus denied upon the ground that it is without merit and, additionally, for failure of compliance with article 70 of the CPLR, and more particularly with the provisions of CPLR 7002 (subd. [c], pars. 1, 5) thereof. Herlihy, P.J., Reynolds, Aulisi, Staley, Jr., and Cooke, JJ., concur.