Application, pursuant to CPLR 7002 (subd. [b], par. 2), for a writ of habeas corpus denied upon the ground that it is without merit. Additionally, the ground asserted as the basis for the present application has been asserted on previous applications and rejected by this court. Herlihy, P.J., Reynolds, Staley, Jr., Cooke and Sweeney, JJ., concur.