REYNOLDS, J.
Appellant's petition for a writ of habeas corpus was properly denied pursuant to CPLR 7003 (subd. [b]) and for failure to comply with the provisions of CPLR 7002 (e.g., People ex rel. Hale v. McMann, 28 A.D.2d 1013). Judgment affirmed, without costs. Gibson, P.J., Herlihy, Reynolds, Aulisi and Gabrielli, JJ., concur in memorandum by Reynolds, J.